The basic theory of constitution (a)

The concept of constitution 　　
　　One, the etymology
(a) Chinese
1, in the China in the ancient classics, had a "constitution", "constitution", "constitutional order", "charter" and other words. But these words is not equivalent to today's constitution, when the "constitution", "constitution" and the general laws are the same, does not have the special law about the significance of modern.
2, in the China,The "constitution" as a fundamental law of the state in nineteenth Century 80's.. Zheng Guanying in the "Millennium", first used the word.
(two) the West
1, in the ancient western, the constitution is the word used in the multiple sense: the relevant provisions of state organization and authority of law; the emperor's edict, decrees, regulations from the ordinary to the citizens Council formulated; ③ the relevant confirmation church, feudal lord and city guild privileges, and their relationship with the law the. The ancient Greek philosopher Aristotle is the first constitutional and common law in different.Aristotle has been in the "politics" in a Book of 158 polis are studied, and according to the law of the adjustment range, function and nature of the laws of the city into the Constitution and common law.
Aristotle referred to his proposed should pay attention to the jurisprudence theory of law. The socialist concept of rule of law in Jurisprudence in the original "law" chapter, but in 2009 the concept of socialist rule of law as a separate compilation. 2006 to volume for 3 consecutive years by the socialist concept of rule of law in 2008 2009 Fourth, this will be reflected in the multiple-choice and essay questions.
In the socialist concept of rule of law in the rule of law is the law of a series, the rational allocation of the powers and rights of the social state, according to the rational allocation of public power and private rights of the state.
Aristotle is such a definition of the rule of law: the rule of law shall at least include two meanings, first of all have laws to obey (Law), and we have to obey the law and is the development of good law (Liang Fa).
2, in the modern sense of the constitution is the fundamental law of the state. In China, says the constitution as a fundamental law, western countries said the constitution as the senior law or the Supreme law. No matter is the advanced method, the highest law or the law, have a characteristic: the constitution is to protect human rights for the purpose of. The constitution is the fundamental law of the protection of human rights for the purpose of (senior law or the supreme law).The constitution to protect human rights for the purpose ofCertain restrictions, is a national public power, protection of private rights of citizens.
　　
　　Two, the relationship between constitution and law　　

The relationship between the Constitution and the law	Contact	The Constitution and the law with the common economic base, mainly depends on the social material and cultural patterns.
The Constitution and the laws are formulated by the state and take the national compelling force to guarantee the implementation of the code of conduct.
The Constitution and the law in the social relations through the provisions of the rights and obligations of the participants to affirm and protect the social order and legal order.
The Constitution and the law as a punishment.
Difference	Content: fundamental problems in all aspects of a country's political, economic, cultural, foreign relations constitution relates to, has the characteristics of fundamental, macro and comprehensive; while the common law content, only one of the important issues to the state or social life, it is specific one aspect of the constitution, the content is specific and micro
The effect of different: the constitution has the highest legal effect, it is the foundation and basis of the common law, general provisions of law shall not contravene the constitution, otherwise invalid, all organizations and individuals must take the constitution as the basic standard of conduct
The formulation and revision of the constitution procedure is different: the development and modification of the authorities are often not the ordinary legislative organs according to law, but specifically established or composition of the organization. At the same time through or ratification procedures are not general procedure

Legal sanctions, is related to the concept and the legal responsibility of the premise, law is the legal responsibility, but is not to say that there is a legal responsibility must face legal sanctions, because the behavior person if actively fulfill its responsibility, there is no legal sanctions. The legal sanction is behavior person does not take the initiative to undertake the legal liability, the state will be forced to bear. Therefore, the legal sanction is passive, but not compensatory punitive.
Legal sanctions including civil sanctions, criminal sanctions, administrative sanctions and judicial sanctions. Civil sanctions, criminal sanctions, administrative sanctions and money, but the sanctions and money. The sanctions include two forms, first, the constitution is any set of laws and regulations on the basis of laws and regulations, if the violation, will be declared invalid or revoked. Second, the constitution is the highest standards of behavior all state organs, social organizations and citizens, if the government leaders or representatives of the National People's Congress unconstitutional, will be recalled. The two constitutional sanction form and money.
　　
　　Characteristics of three, of the Constitution
The general method is normative, universality, the will of the state, the national mandatory, rights and obligations and lawsuit features.
1 normative: law is a social norm, therefore is normative, and social norms are natural and specification, specification of relative to character, difference is the natural regulation, is the relationship between the nature and the nature of the; technical specification is to adjust the relationship between man and nature; social norm is the adjustment of relations between man and man the. Habits, moral, religious, policies are the social norms.
2 universal: effective and universal law and in a state of sovereignty.
The 3 countries will: law is the will of the state, is the will of the ruling class.
The 4 national mandatory and procedural: social norms are mandatory, forced into internal force and external force. The internal force is self-discipline, heteronomy of external force is. The law not only has the external force, but also has the strongest external force -- the national compulsory. The moral is to rely on self-discipline, is the internal force. But the law in the exercise of coercive power must be in accordance with the procedures.
5 right: rights and obligations is an important concept. First, from the two relations, rights and obligations are complementary to each other, without the right obligation, nor no obligations. Second, from the quantity relationship between the two point of view, the rights and obligations is equal to the total amount how many, how many right corresponding obligations. Third, from the historical process of development before and after two, the rights and obligations relationship through three stages, first two are All blend into one harmonious whole., after is divided, then is the unity of opposites. Fourth, different from the spirit and value of two representative point of view, namely through the compulsory standard and right standard. Standard of obligation is obligation is in the first place, the right of the secondary; standard of right is the right is first, the obligation is secondary. Autocratic society is obligation based, in the society of democracy and rule of law is the right standard. China history from 1908 "imperial constitution outline" was "right" two words.
: 6 actionable actionable refers to the law is the tool used to safeguard the rights of citizens and legal persons.
The constitution characteristics and the general character of law is not the same:

Characteristics of constitution	The constitution is the fundamental law of the state	In the content, the provisions of the constitution of the most fundamental, the country's most important problems, such as the state system and regime.
In the force of law, the legal effect of the highest constitution, constitution is to enact common legal basis. The constitution is the all state organs, social organizations and citizens to the highest standards of behavior.
The Constitution in the formulation and revision of procedures, more stricter than the ordinary law
The constitution is the guarantee of civil rights	Most important, the most core value lies in the protection of the rights of citizens, it is the book.
Look from the history, constitution or constitutional documents as early as opposed to the feudal autocracy in the struggle, in order to confirm the achievement of rights, in order to consolidate the fruits of victory out
From the basic contents of constitution, the effective protection of state power exercising and the basic rights of citizens, which effectively protect the rights of citizens living in a dominant position, effectively regulating the operation of national power is to guarantee fundamental rights and freedom of citizens are not violated.
The constitution is a basic form of democratic legal fact	Closely linked with democracy and constitutional democracy, common subjects of universal or the Democratic fact, is the premise to the constitution. Moreover, the basic content of the Constitution in the national legal system in the basic law and constitutional recognition based on effective protection of state power is exercised properly and civil rights.

Method with actionable, but the constitution is not actionable, through reasoning that. A form of logical reasoning and substantive legal reasoning on macroscopic reasoning. The formal logic reasoning including from general to specific and from individual to general. If it is generally called deductive reasoning; if it is from individual to general called inductive reasoning. If not for formal reasoning, entered the substantive reasoning, substantive reasoning occurred in two cases, one is if the major premise reasoning does not have a formal reasoning cannot, it is necessary to use the substantial reasoning. Two if in accordance with the formal reasoning will obviously get unfair conclusion or inference, the results are not accepted, substantive reasoning will only.
Major premise: law litigation, the minor premise: the constitution is the law, conclusion: the constitution litigation.
Example: the 1999 Shandong Jining Qi Yuling v. Chen Xiaoqi
Qi Yuling and Chen Xiaoqi are classmates, together in the senior high school entrance examination, Qi Yuling admitted to Chen Xiaoqi is not admitted. Chen Xiaoqi and Qi Yuling's admission notice, to enter the city of Jining business school, after the successful graduate into a bank job. Chen Xiaoqi would later take another's place by counterfeiting was found, and Qi Yuling to Chen Xiaoqi, Jining Chen Fu, business schools and the Jining Municipal Education Commission as a joint defendant in litigation, claims that Chen Xiaoqi violated his name right and the right to receive education. Jining City Intermediate People's court only support the maintenance of the right of name does not support Qi Yuling, Qi Yuling education rights advocates. Qi Yuling appeal to the Shandong Provincial Higher People's court, the Supreme Court of Shandong province asked the Supreme People's court interpretation of the Supreme People's court, then replied as follows: Chen Xiaoqi to violations of the right of name means on Qi Yuling, according to the constitution, the right to education of the basic rights, and caused the damage, shall bear civil liability the corresponding. The Supreme Court of Shandong province according to the approved supports Qi Yuling's name right and the right to receive education ideas. This case may indicate that the constitution is to protect rights of citizens as the tool, the constitution is actionable. 　
In 2009 appeared very similar to Qi Yuling v. Chen Xiaoqi case, Wang Jiajun and classmate Luo Caixia's admission notice.
[example] · choice questions about the characteristics of the norm of constitution, which of the following statements is not established?
A. fundamental
B. principle
C. no punishment
The relative stability of D.
　　[Q & a number 921010101: the title question]
Answer: C
Analysis: the Constitution defines the basic system and basic task of the nation, is the fundamental law of the state, has the highest legal effect, thus the constitution is the fundamental, so A right should not be elected. The constitution includes constitutional principles and constitutional rules, the rules of the majority, it is in principle, so the B is right should not be elected. As the highest authority to uphold the constitution, the constitution remained unchanged in a certain period of time under certain conditions, so the constitution is relatively stable, so D also right should not be elected.
The Constitution also belong to the legal norms, the norms of behavior in violation of the Constitution shall undertake the liability, so the constitution is sanctionative. The constitution sanctions mainly recall unconstitutional national leaders, cancellation law, regulations unconstitutional. Therefore the option C statement does not hold.
　　
　　Four, the nature of the Constitution
In jurisprudence, the essence of law there are three: formal, class, social.
The official also called national, official, including legislative subject is formal, legislative procedure is a form of formal, law is the formal.
The class is fingering is the reflection of the ruling class idea, method and may reflect the aspirations and demands of the ruling class. The ruling class will be the ruling class will, at will, but not the simple sum of the individual will of ruling class.
Social also called material constraints, is fingering is ultimately determined by certain social material living conditions. What kind of society is what kind of law, social decision method, cannot create social, can only express the social.
The essence of the Constitution: the constitution is the concentrated expression of all kinds of political strength comparison between.
In the legal history in modern times, Chinese first formal constitution in 1923 is the "constitution of the Republic of China", also called "the constitution of bribery", the Constitution provides the right and the local system. It is because the constitution is the concentrated expression of various political forces contrast relation, so this constitution was only have rules about the Kingdom and the provisions on the local system. In 1923 the "constitution of the Republic of China" is to occupy large central warlords and occupy small local warlords and political spoils performance.
　　
　　Five, the Constitution and constitutional politics
(a) the concept and characteristics of constitutional government
　　Also known as the "constitutional democratic constitutionalism", "constitutional government", is based on the constitution as the premise, as the core of democratic politics, rule of law as the foundation, in order to limit and regulate the state power as a means to guarantee human rights, political state or process of. So compared to the Constitution and constitutional government, constitution is static, the constitutionalism is a dynamic.
The constitutional characteristics:
1, the implementation of the constitution is a basic way of constitutionalism;
2, the establishment of a limited government is the basic spirit of constitutionalism;
3, establish the supreme authority of the constitution is the concentrated expression of constitutionalism.
(two) the relationship between constitution and Constitutionalism
The Constitution does not necessarily bring constitutional, because the constitution has the potential to become a mere scrap of paper, can not be implemented; the achievement of constitutionalism cannot do without the constitution.
[example] · multiple-choice questions relating to the Constitution and constitutionalism expression, which is right?
A. constitution is the precondition of Constitutionalism
The Constitution and constitutionalism in modern B. to limit state power, the protection of human rights for the purpose of
C. establish the supreme authority of the constitution is the embodiment of constitutional government
The Constitution and constitutional D. modern is the product of the development of commodity economy
　　[Q & a number 921010102: the title question]
Answer: ABCD
Analysis: there is a close relation of constitution and constitutionalism. Can say, the constitution is the precondition of constitutionalism, constitutionalism is the life of the constitution. Set up the constitutional supreme authority is the concentrated expression of constitutionalism. The Constitution and constitutionalism are the product of the development of commodity economy, is an important manifestation of democracy and nomocracy construction, to limit the state power, the protection of human rights for the purpose of. The four option is correct.
　　
　　Six, the constitution classification
(a) the traditional classification

The form of classification	Author	Classification criteria	Definition
The written constitution and unwritten constitution	First proposed the British scholar J · Bryce at a speech at University of Oxford in 1884	The form of the constitution is a unified code	The written constitution refers to a unified code form of the constitution, is sometimes called a written constitution or the constitution, its most notable feature is the legal document is as clear as the constitution, are called the.
The unwritten constitution refers to code form has no uniform, but scattered in various legal documents, constitutional case, constitutional conventions of constitution. The most notable feature is the unwritten constitution, although various legal documents have not been dubbed the constitution, but plays the function of constitution.
Rigid constitution and flexible constitution	British scholar J · Bryce was first proposed in the "study" in the book of history and jurisprudence	The legal effect and the modified program	Rigid constitution refers to the formulation, authority and the procedures to amend the constitution is different from the general law. Generally there are three cases:	The formulate or amend the constitution authority is not the ordinary legislature, but often is the establishment of the special organ.
To formulate or amend the constitution procedure is strict to the ordinary legislative procedure.
The special organs according to the special program for making modifications.
Flexible constitution refers to the formulation, modification of the organs and procedures with the same general legal constitution
Imperial constitution, constitution made by the people, the agreement constitutional		The main constitution of the different	Imperial constitution refers to the monarch or in the name of the monarch has formulated and promulgated the constitution. Such as the promulgation of 1814 French king Louis the eighteen constitution in 1848, Italy Sardinia King Albert constitution promulgated in 1889, Japanese emperor Meiji, the Qing government promulgated the Constitution in 1908 of the "imperial constitution outline".
Farmers constitution refers to the public authorities or formulated by the referendum constitution. As the constitution American constitution, Germany during the Weimar republic.
The agreement constitutional is set by the negotiation representative organ of constitutional monarchy and national. Such as the 1215 British "Great Charter of liberty", the French constitution of 1830.

The written constitution is not necessarily rigid constitution, such as the "Italy constitution"; the unwritten constitution must be flexible constitution. 　　
[example] according to the constitution, the difference of the organs, the constitution is divided into Constitution made by the people, and the agreement constitutional imperial constitution. Which of the following is the Constitution Constitution agreement?
A.1830, the French Constitution
"B.1779" USA Confederation
C.1889 years of the Japanese Constitution
D.1919 Germany Weimar constitution
　　[Q & a number 921010103: the title question]
Answer: A
Analysis: according to the constitution of the organs are different, can be divided into civil constitution, constitution set the imperial constitution and constitutional agreement. The so-called min Ding constitution refers to the public authorities or the referendum constitution. Imperial constitution refers to the monarch or monarchs nominal formulated and promulgated a constitution. The agreement constitutional refers to the monarch and the national or established in consultation with the national representative body constitution. According to the foreign constitutional knowledge of history, in 1830 the French constitution was written by the people of France and the negotiation on behalf of the constitution, the constitution is the agreement; in 1830 America "articles of Confederation", in 1919 Germany Weimar constitution by the people or the people's representative organs develop, belongs to the Civil Constitution made. The Japanese Constitution of 1889 is the emperor of Japan promulgated in the name of the constitution, which belongs to the imperial constitution. So the answer is A.
(two) classification of the Marx doctrine of Constitutional Jurisprudence
Capitalism and socialism constitution constitution.
　　 The historical development of the second constitution 　　
　　One, in the modern sense of the Constitution
(a) modern constitution produce conditions
1, economic condition: the evolving of modern constitutions is the inevitable result of commodity economy common development;
2, the political conditions: the victory of the bourgeois revolution, bourgeois regime and to form a universal suffrage, parliamentary democracy as the core, which provides the political condition of modern constitutions;
3, the ideological conditions: Theory of democracy, equality, freedom, human rights and the rule of law and other bourgeois Enlightenment thinkers put forward, laid the foundation for the modern constitutions.
(two) the Western Enlightenment thinkers of the constitutional view
The Western Enlightenment thinkers should master Rock of Britain, France's Rousseau and Montesquieu's constitutional thought.
Britain's Rock is the world's first proposed the idea of separation of powers, he advocated that the power should be divided into legislative power, administrative power and the diplomatic power, three power restriction. At the same time Rock raised natural rights theory, he thought that life, liberty and property rights are rights given to us, is not to be deprived of. Liberal ideas spread Rock to America become USA democratic spirit, Rock has thus become the USA democracy icon.
France's Montesquieu book "spirit of law", in this book, Montesquieu that "everything is allowed to do free legal rights, if the law prohibits doing things, is not free, because people can easily do the same."Montesquieu's definition of freedom are also examined in the national judicial examination in 2008.
[example] · choice questions about law and liberty, which of the following statements are true?
A. free is supreme and the sacred, to restrict the freedom of the law is not the real law
B. free is essential for human beings, therefore, freedom is the only standard to measure the good and evil of the law
C. from the empirical point of view, all the laws are free law
D. free is sacred, is also limited, the limit should be legal provisions
　　[Q & a number 921010201: the title question]
Answer: D
Analysis: the relationship between law and freedom of close. Under normal circumstances, the law of freedom as the highest goal and the value, freedom must be restricted by law. The A statement is incorrect, the D statement is correct. In addition, freedom is a measure of the legal standard of good and evil, but it is not the only standard, and justice standard. The B error. Positivists believed that "evil law is illegal", so the C error of judgment.
Montesquieu developed Rock's thought of separation of powers, forming the legislative, administrative and judicial "separation of the three powers" thought. Montesquieu said: "a rule maker, implementer and the referee should belong to different people, so the three right should be independent of each other, mutual checks and balances". Montesquieu is the world's first on the judicial power is devoted to the people.
Montesquieu also proposed the determinism of geographical environment. A national geographic environment, climate and other factors, influence the characteristics of the law of this country. If a national geographic environment and climate is very cold, the law of this country more democratic color; if the country where the climate is more moderate, the law of the country with more authoritarian color.
Rousseau's "social contract theory" think, the government is the social contract results, citizens to their rights transferring a part, to form a government, if the composition of the government in violation of the original authorization purposes, citizens have the right to overthrow the government, re signed contracts, the establishment of a new government.
[example], the public Zhang in the city streets without a license to sell food, the city management law enforcement officers investigating a process of anti violence law, resulting in a city management law enforcement personnel were injured. Reported by the media, people There were many discussions. Regarding this matter, which of the following statement is wrong?
A. Wang pointed out, city management law enforcement activities of law enforcement behavior, authoritative
B. Liu think, city management law enforcement agencies, not only to legitimate, but also stressed the fair and reasonable, the law should make the general public can accept
C. Zhao think, if people think that law enforcement injustice, had rebelled against the right
D. Chen said, the law is the duty of the citizen, if you think the city management law enforcement agencies improperly, can adopt the administrative reconsideration, administrative proceedings the way to seek relief, anti violence law is obviously wrong
　　[Q & a number 921010202: the title question]
Answer: C
Analysis: in daily life, people often use this concept in broad sense and narrow sense two kinds of implications. The generalized law enforcement, or law enforcement, refers to all the state administrative organs, judicial organs and their staff in accordance with the legal authority and procedure law enforcement activities. The narrow sense of law enforcement, or law enforcement, refers to the state administrative organs and their functionaries shall exercise functions and powers, duties, law enforcement activities. The administrative organ called the law enforcement agencies, is the use of law enforcement in a narrow sense. One of the characteristics of law enforcement is the comprehensive management of social in the name of the country, with the authority of the state. Therefore, A right.
The basic principles of law enforcement: (1) the principle of administration according to law. This refers to the administrative organs must carry on the management according to the statutory authority, the statutory procedures and the spirit of the rule of law, ultra vires. This is one of the most basic principles of the administrative activities of the modern country under the rule of law; (2) emphasis on efficiency principle. This refers to the administrative organ shall pay attention to efficiency in the premise of administration by law, effectively exercise its powers and functions, the initiative, in order to obtain the maximum benefit of the administrative enforcement of law; (3) the principle of fair and reasonable. This refers to the administrative organ should weigh the benefits factors and situational factors in law enforcement, in the premise of strictly enforce the rules of fair, fair and reasonable, moderate, avoid and the formation of law enforcement is different, the standard anomie as a result of the abuse of discretion. Therefore, the law enforcement not only legal, but also stressed the fair and reasonable, therefore, B right.
Law enforcement has national mandatory, if the party refuses to accept the administrative behavior, can the reconsideration or litigation to safeguard their legitimate rights and interests according to law, and not to take measures to resist extreme violence. Therefore, C is false, D is right.
[example] · choice questions "where rights without guarantee and decentralization is not established society has no constitution" argument by which one of the following constitution document expressly?
A.1789 years of French "human rights and civil rights declaration"
B.1776 years of North America "Declaration of independence"
C.1688 British "Rights Act"
D.1918 years of the Soviet Union "exploited" Declaration of the rights of working people
　　[Q & a number 921010203: the title question]
Answer: A
Analysis: in 1789 the French "human rights and civil rights declaration" clearly stipulates: "all right without guarantee and decentralization is not established society has no constitution"; 1776 North American "Declaration of independence" provisions of the North American colonies from British colonial rule, the establishment of a stand on one's own; 1688 England "bill of rights" provides the basic the right of the people, and to protect. In 1918 the Soviet Union "the exploited working people" Declaration of the rights of the first systematic regulation economic system, expanding the scope of the constitution. In conclusion, the answer is A.
"Declaration of human rights" in the provisions of the basic principles of many now advocate the rule of law, such as equality, legality, presumption of innocence, law of non retroactivity, unlawful arrest charges and inquiry etc..

　　History two, Chinese constitution
(a) the historical development of the old China constitution
Chinese history the first constitutional documents in 1908 is the "imperial constitution outline". The period of Beiyang government constantly amending,In 1923 the "constitution of the Republic of China" ("constitution of bribery") is the first China history the formal constitutionA lot of people's rights, provisions, also provides state and local government.
(two) the interim constitution and the four constitution
1,1949 "China people's Political Consultative Conference common program" the provisional constitution, "common program" is the new democratic nature, rather than the nature of socialism;
2, the four Constitution: a meeting in China in 1954, the first session of the National People's Congress passed the "people's Republic of China Constitution"; and revised in 1975, 1978 and 1982, 1979, 1980, and 1988, 1993, 1999 and 2004 were six part of the revised "constitution" of our country, so there are the nine amendment, has promulgated four "constitution" and six "amendment".
(three) the current constitution in China (four amendment of constitution of 1982)
The main contents of the 1 the four amendment to the Constitution

	The guiding ideology	Economic policy	Specific system
1988		The right to the use of land may be transferred according to law	The private economy is a complement to the socialist public economy; the state protects the lawful rights and interests of the private economy, implement the guidance, supervision and management of the private sector of the economy
1993	China is in the primary stage of socialism; socialist construction with China characteristic theory; persist in reform and opening up; multi-party cooperation and political consultation system under the leadership of the Communist Party of Chinese long-term existence and development.	The State practices the socialist market economy	"State-owned economy" to "state-owned economy"; the state-owned enterprises, collective economic organizations operating autonomy; the household contract responsibility system	County People's Congress term from 3 years to 5 years
1999	China is currently in the primary stage of socialism; socialist construction with Chinese characteristics of road; Deng Xiaoping theory; the rule of law, building a socialist country ruled by law	During the primary stage of socialism, adhere to the basic economic system in which public ownership as the main body, various kinds of ownership economy develop jointly, to the distribution system in which distribution according to work as the main body, a variety of modes of distribution	Non public economy is an important component part of the socialist market economy; the individual economy, private economy guidance, supervision and management; rural collective economic organizations of the double management system of household contract management as the foundation, the	"Counter revolutionary" instead of "endangering national security"
2004	The road Chinese socialism; the important thought of "Three Represents"; promote the material civilization, political civilization and spiritual civilization coordinated development; the patriotic united front increase builders of the socialist cause; the state respects and safeguards human rights	The State shall establish and perfect the level of economic development of the social security system	Encourage, support and guide, supervision and management of the non-public sectors of the economy; the lawful private property of citizens are not violated; countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law	The National People's Congress on behalf of the special administrative region increased; President of state activities; "martial law" to the "state of emergency"; the Township People's Congress term from 3 years to 5 years; the National Anthem

　　
Judicial examination in 2009 to pay special attention to the rule of law and the concept of socialist rule of law. The rational idea idea of rule of law is the rule of law, rational concept system of socialist rule of law concept is to guide the construction of the socialist country ruled by law.
Position 2 non-public economy in the Constitution
(1) according to the provisions of "constitution" in 1982 eleventh, in the range of urban and rural laborer individual economic law, is a complement to the socialist public ownership economy.
(2) regulations 1988 "amendment", the private economy is a complement to the socialist public ownership economy.
(3) the provisions of amendment to the constitution of 1999 "", in the range of the individual, private and other non-public economic law, is an important component part of the socialist market economy.
The policy of non-public economy in China is also in the change, 1982 "constitution" regulation, state administrative management, guidance, help and supervise the individual economy. "Regulations" in 1988 amendment to the constitution, the state protects the rights and interests of the private economy legal, guidance, supervision and management of the private sector of the economy. "Regulations" in 1999 amendment to the constitution, the state protects the rights and interests of the individual economy, private economy and legal practice, guidance, supervision and management. "Regulations" in 2004 amendment to the constitution, the state protects the rights and interests of the individual economy, private economy is legitimate, the State shall encourage, support and guide non-public economic development, and the non-public sectors of the economy, supervision and management according to law.
[example] · choice according to the current "constitution" regulation, about the rights and freedom of citizens, which of the following statements are true?
The basic rights of A. labor, education and military service in accordance with the law is the civil and the fundamental duties of citizens
The main B. rest right of all citizens
C. citizens in old age, illness or not lose labor ability, have access to material assistance from the state and social rights
D.2004 "amendment" provisions, the state respects and safeguards human rights
　　[Q & a number 921010204: the title question]
Answer: D
Analysis: A, labor, education is not only the basic rights of citizens is the fundamental duties of citizens, but the service is clearly the obligations of citizenship rather than right, so A is wrong. "The constitution" the forty-third regulation, the people's Republic of China workers have the right to rest. The main visible rest right is working and not all citizens, so B is wrong. "The constitution" the forty-fifth regulation, the people's Republic of China citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights. The national development and enjoy the right to social insurance, social relief and medical and health services. So C is wrong. In 2004 the "amendment to the constitution" and "constitution" twenty-fourth article thirty-third paragraph third, the state respects and safeguards human rights. So D is correct. 　　
[example] · choice questions about China's 1982 "constitution" structure, which of the following statements are true?
A. the constitution only text
B. this constitution is composed of the preface and text
C. this constitution is composed of the preface, text and supplementary provisions
The D. flag, emblem, the national anthem and the capital regulations in the Constitution in the annex
　　[Q & a number 921010205: the title question]
Answer: B
Analysis: 82 years of China's "constitution" is divided into two parts of preface and text, the text includes: the first chapter, the second chapter on the fundamental rights and duties of citizens, the third chapter, the fourth chapter of national institutions, national anthem, flag, emblem of the capital. Did not annex, and flag, emblem, the national anthem and the capital regulations in the "constitution" the fourth chapter of the main text. Therefore, the correct answer to this question is B.
[example, multichoice] which of the following is a legal document is the first China modern history constitutional documents?
A. "nineteen major tenets"
B. "imperial constitution outline"
C. "Republic of China Constitution"
D. "outline of China Soviet republic constitution"
　　[Q & a number 921010206: the title question]
Answer: B
Analysis: the constitutional compilation hall in 1908 August promulgated the "imperial constitution outline", is the first in the history of modern China constitutional document. Therefore, the correct answer to this question is B.