First class  The constitutional protection of civil rightsEffective protection of the constitutional rights of citizens

Learning objectives:

1, understanding of the constitution is the fundamental law of the state, clarify its position in the legal system;

2, to understand the relation between constitution and citizens and national institutions, to understand the status and role in the protection of civil rights in the constitution;

Learning difficulty:The constitutional protection of civil rights, how to effectively protect the rights of citizens

Knowledge points to note

1, the current constitution of our country which several components?

The current constitution of our country is composed of the preface and the summary, the fundamental rights and duties of citizens, national institutions, national flag and Anthem of the capital of four chapters.

2, why the constitution is the fundamental law of the state?

The constitution is the fundamental law of the state, play an important role in the legal system of our country. This is because;

First, the provisions of the constitution of the fundamental problem of national life. The Constitution provides for our national restrictions, state of individual system, the fundamental task of the state, the state power organization, the national basic relief system, the fundamental rights and duties of citizens, the state organ organization and authority, national flag, national life's fundamental questions.

Second, the constitution has the highest legal effect. In the whole legal system of the state, the constitution has the highest position, has the highest legal effect. Develop the general laws and regulations must take the constitution as the basis and foundation, its contents cannot be unconstitutional, conflict. Otherwise, will be treated as unconstitutional and declared invalid.

Third, constitution, modify the program than ordinary laws more strictly, China's constitution stipulates: the revision of the constitution, by the Standing Committee of the National People's Congress or by more than 1/5 after people's Congress proposed, and by the National People's Congress in the majority of the representatives of the 2/3 through. This fully shows the seriousness and authority of the constitution.

3, the provisions of the constitution which the fundamental problem of the country life?

The Constitution provides for our national restrictions, state of individual system, the fundamental task of the state, the state power organization, the national basic relief system, the fundamental rights and duties of citizens, the state organ organization and authority, national flag, national life's fundamental questions.

4, why the constitution has the highest legal effect?

In the whole legal system of the state, the constitution has the highest position, has the highest legal effect. Develop the general laws and regulations must take the constitution as the basis and foundation, its contents cannot be unconstitutional, conflict. Otherwise, will be treated as unconstitutional and declared invalid.

5,The constitution, amendments to the constitution are provided?

The constitution, modify the program than the ordinary laws more strictly, China's constitution stipulates: the revision of the constitution, by the Standing Committee of the National People's Congress or by more than 1/5 after people's Congress proposed, and by the National People's Congress in the majority of the representatives of the 2/3 through. This fully shows the seriousness and authority of the constitution.

6, why the constitution is an effective guarantee for the realization of citizen's rights?

(1) the basic content of the Constitution can be divided into two parts: the fundamental rights of citizen standard form of state power and state power. China's constitution and laws of civil rights is the basic human rights of citizens in china. The constitution is the guarantee of civil rights.

(2) the constitution standard and the restriction of public power. All state power belongs to the people. The people through the constitution of the state power in the hands of the National People's Congress and the local people's congresses exercise.

Staff of state organs and the exercise of state power is public power under the constitution, strictly regulate and restrict.

All state organs and functionaries must not do the Constitution and laws prohibit doing, and shall not refuse to do the provisions of the Constitution and laws do not do, the Constitution and the law is not authorized.

(3) should guarantee the realization of citizen's rights of state and government's responsibility. Economic, social and cultural rights, such as right to work, the right to education, access to social security rights, the government should create conditions and provide the opportunity to guarantee or; ② the equal rights of citizens, the real resources and industrious, the right of personal liberty, the right to freedom of religious belief, requires countries to provide the legal protection of positive; the judicial departments should strictly in accordance with legal procedures, insisting on judicial justice, without prejudice to the constitutional rights of citizens.

(4) China has established a set of the constitution as the core system of rights protection. The legislation guarantee. China enacted many laws, to ensure the realization of the specific rights of citizens, the judicial protection, China has established a legal system, the judge system, the legal aid system, to ensure that in the judicial process, to the rights of citizens can get a fair, impartial.

Activities: the scenarios study"Legal status who high" (Book nineteenth pages)

The constitution, civil law, criminal law, legislative law and other "one family" on the legal status of their debate.

Civil law: "I provides many national and civic life, I should have the highest legal status."

Criminal law: "I was dedicated to combating various criminal activities, protect the national long period of stability of law, I should have the highest legal status."

Constitution: "I is the basic laws, I should have the highest legal status."

The Legislation Law: "I'm a tube of legislation law, I should have the highest legal status!"

Please answer: 1, do you know the composition of Chinese legal system?

2, in the legal system of our country, which has the highest legal legal status? Why?

Activity two: social landscape:"Before the demolition "(Textbook page twentieth)

In the City Hall need of a construction project, land department decided to expropriate part of the residents of residential land. As the rush deadlines, urban construction departments have not yet signed in the compensation agreement, issued a demolition notice. Lee received the notice, the heart is not calm. When construction crews arrived, Lee came out of "the people's Republic of China Constitution". The relevant departments in the mediation of Lee, and urban construction personnel to carry out consultations. The two sides signed compensation agreement demolition, relocation smoothly.

Discuss the answers: 1, the constitution of our country is how to protect the legitimate rights and interests of citizens?

The 2 constitution, how to play a role in our daily life?

(three) class exercises:

A, judge a problem:

1, the Constitution and the law is enacted or accepted norms of behavior by the state, has the same legal effect. (  )

2, the detailed provisions of the civil rights in china. (  3, the constitution is the sum) of all state laws. (   )

4, in the whole legal system of the state, the constitution is the fundamental law, has the Supreme status. (   )

5, China has built the lawyer system, in order to deal with the rights of citizens to get a fair, impartial. (  )

Two, single choice:

1, Marx said: "the constitution is the law of the law." This sentence (   )

A . constitution the fundamental problem of the country life  B. Constitution contains common law 

C. The constitution has the highest legal effect             The D. constitution, modify the program than ordinary stricter

2, the education law in our country the first rule: "in order to develop education, improve the quality of the whole nation, promoting socialist material civilization and spiritual civilization construction, according to the constitution, this law is enacted." This shows that (  )

The constitution is the fundamental law of our country The constitution is the basis of legislation and legislation on the basis of other laws The common law is formulated on the basis of the constitution, the Constitution The relationship between the Constitution and common law is "mother" and "method"

The A. II   B. ② ③           C. 1 3 4    In the D. II

3, in all our laws and regulations, legal status and legal effect is the highest (  )

A. criminal law      Method B. the protection of minors   C. the general principles of the civil law   D. constitution

4, which of the following form: (the current constitution of our country   The basic task of the nation) national basic system of national political organization for the national basic economic system in the A. II B. ② ③  C. 1 3 4   In the D. II

5, staff of state organs and the exercise of state power is: (   )

A. state power   The collective power of B.    C. public power   D. people power

6, "the people's Republic of China is led by the working class, the people's democratic dictatorship and based on the worker peasant alliance of socialist countries." This is the constitution of China (   )

A. Nature of the state provisions. The fundamental system of B provisions C. fundamental political system of organization of state organs and the authority of the D. regulations

7, the provisions of our constitution basic right of citizens enjoy equal rights, political rights and freedom, the freedom of religious belief, social economic and cultural rights and so on, which shows that the Constitution (   )

A. is the fundamental law of the state of B. has the highest legal effect of C. is the highest standards of behavior of D. members is the people's rights guarantee

8, in our country, all power belongs to the people, people have the right to decide the important affairs of state. China is the highest organ of state power:   The National People's Congress) A. B. local people's congresses of the people's Republic of China D. C., the Supreme People's Procuratorate

9, China has established a set of the constitution as the core system of rights protection. Its content is (  )

A. material security and legislative protection of B. legislation and judicature spirit of C. security and judicial guarantees D. material security and the spiritual security

10, the following can embody the judicial protection of civil rights have (  The establishment of the National Lawyers) system II countries established system of judges the state established the legal aid system of the Communist Party of Chinese Commission for Discipline Inspection and corrupt officials

The A. II   B. 1 3 4    C. ② ③    In the D. II