Constitution

Concept and characteristic, the Constitution

1, the concept of Constitution: the constitution is the fundamental relationship between the system and the social system of our country's basic principles and policies, adjust the rights of citizens and the state of the rights of the fundamental law of the state. The constitution at the core position in the legal system of national unity, is the foundation and the premise of the rule of law, is the basic law in our country.

Characteristics of 2: A, constitution, constitutional and common law in common; (1) the reflection of the ruling class idea; (2) has a code of conduct of the state coercive power; (3) an important tool of the ruling class; (4) content depends on the conditions of social material life.

The difference between B, constitutional and common law: (1) in the content, the provisions of the constitution of the most fundamental, the country's most important problems, such as the nature of the country, civil and political organization structure, basic rights and duties, the state organization and its functions. The constitution has the national total constitution significance. (2) in the effect, the legal effect of the highest constitution. The so-called legal validity refers to the legally binding and enforceable. In the written law countries, the constitution of the legal effect was higher than that of general laws, in the legal status of the highest in the national legal system, the highest legal effect of constitution in two aspects, the constitution is to enact common legal basis. All the law shall contravene the constitution, the constitution is the highest standards of behavior all state organs, social organizations, the good of all citizens. C, in the formulation and revision of the program, the constitution law more strict than others. Firstly, the formulation and revision of the constitution authority, is often set up especially, rather than ordinary legislation. Secondly, through or ratify the constitution or its amendment, often severe in common law, general requirements from the above formulation organ or state legislature members of 2/3 or 3/4 and above by a majority of the votes cast, can be issued, and the ordinary law as long as the member of the legislature of more than half of the can. I'm afraid the amendment to the Constitution by the Standing Committee of National People's Congress, and more than 1/5 of the National People's Congress proposed by the National People's Congress, and to all the representatives of more than 2/3 by the majority.

3, the essential attribute of constitution

(1) the constitution is the guaranty of civil rights

(2) the constitution is a basic form of democratic legal fact

(3) the constitution is the concentrated expression of all kinds of political strength comparison between