The short answer 18 questions

The short answer 18 questions
  Classification:Master of Law Review
1, the relationship between constitutionalism and constitution.
Answer: the constitutional government as to the constitution set up as the basis of political system, its production, existence, development and change must serve the Constitution on the paper become the realistic objective of constitution. However, in the current practice of constitutional government constitution is not completely passive, does not have the legitimacy, certainty, function and regulation of the constitution, the constitutional practice can be through the mechanism of reaction to make the Constitution on the paper accord with the requirement of constitutional practice. Therefore, only the constitution, does not mean that it can produce constitutional practice has practical significance to the Constitution on the paper according to the provisions of the constitution, must adapt to the requirements of constitutional practice days continuously provide specification based on the correct constitutional practice. Of course, as the basis for the constitutional practice, there is no constitution was not constitutional, that is to say, if in a country, there is not a known as the fundamental law of the constitution or constitutional authority, is there has been seriously neglected, constitutionalism is impossible. Therefore, to achieve the constitutionalism, it is necessary to strengthen the authority of the constitution as the fundamental law, constitution is the law, is not a simple political program or policy. The constitutional practice requires a country must maintain unity and coordination, legal system, constitution should be the core of the legal system, which is the basic premise of the rule of law.
2, why is the supreme law of the constitution validity of performance?
Answer: in the force of law, the constitution is the highest, it is the highest legal status in the national legal system. Mainly includes: the constitution is the foundation and basis of the legislation; constitution is the highest standards of behavior all organizations and individuals activities; any legal, regulations may contravene the constitution, laws, and regulations unconstitutional is invalid.
3, the main types of interpretation of the Constitution?
Answer: the interpretation of the constitution is the central link in the implementation of the constitution, the Constitution in different social life to explain the different forms of. According to the different classification standards, can be divided into:
A)       According to the interpretation of the subject and the effect of different, divided the right interpretation and theoretical interpretation;
B)       According to the interpretation of the constitutional interpretation, points, additional explanation;
C)       According to the method of interpretation, grammar, logic, system explain explain interpretation and historical interpretation;
D)       According to the interpretation of different scales, divided into literal interpretation, restrictive interpretation and expand the interpretation.
4, the current constitution of our country main characteristics?
Answer: the 1982 constitution is to keep to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of the Communist Party of China, adhere to Marx Lenin, Mao Zedong thought basic principles as guiding ideology, the four cardinal principles and at the same time, but also reflects the basic spirit of the following aspects: ① concentrate its efforts on socialist modernization. To develop socialist democracy, improve the socialist legal system. To safeguard national unity and national unity. To persist in reform and opening up, the economic system and political system reform. Its formulation and implementation, symbolized our country socialist democracy and legal system construction on a new level, is the essential guide and guarantee the development of our country socialist construction in the new era.
5, the main content of the system of constitutional supervision in China?
Answer: the highest authority supervising the implementation of constitution system in china. The constitutional supervision system includes:
A) The subject of constitutional supervision. By the National People's Congress and its Standing Committee exercise the powers of supervision and the implementation of the constitution.
B) The constitution of the basic law. The preamble to the Constitution clearly stipulates the constitution as the fundamental law, provides a uniform basis for the constitutional supervision system operation.
C) The basic principles of the constitution supervision. The national safeguard the uniformity and dignity of the socialist legal system; the rule of law, building a socialist country ruled by law; all laws, regulations and local regulations may contravene the constitution; all activities that violate the Constitution and laws, must be investigated.
D) The supervision system of normative documents. The National People's Congress has the power to alter or cancel the inappropriate decisions of the Standing Committee of the NPC Standing Committee has the right to cancel; formulated by the State Council with the constitution, laws and administrative regulations conflict resolution, and administrative rules and regulations. Have the right to cancel the organs of state power of provinces, autonomous regions, municipalities directly under the central government formulated with the constitution, laws and administrative regulations conflict with local laws and resolutions.
E) Activities of the party must be within the range of constitution and law. Clearly stipulated in the Constitution and the constitution, the party must be in the range of constitution and laws. This is the implementation of the Constitution and the political guarantee.
6, the main types of censorship unconstitutional?
Answer: at present, the world's constitutional judicial review organ is mainly divided into three kinds of modes;
A)   The legislative supervision system. From the legislative authority is responsible for supervising the implementation of constitution system.
B)   Judicial supervision system. The judicial examination system, is refers to the ordinary courts through judicial procedures for all kinds of cases under trial involved as the case according to the laws, regulations and administrative constitutionality review.
C)   The special agency supervision system. By the ad hoc authority according to certain procedures to review the constitutionality of laws, regulations and executive orders, and other normative documents, and have the right to cancel the unconstitutional laws, regulations and executive orders, and other normative documents. Organs such as the constitutional court, the Constitutional Council, constitutional supervision committee. Ad hoc organ with judicial activism principle in the constitution supervision, exercises broad constitutional review authority.
The principle of universality, the 7 vote?
Answer: universal suffrage is how widely that the subject of the right to vote, refers to the addition of nationality, age, no mental illness and not deprived of political rights according to law, not the other qualifications and universal suffrage principle. From the theoretical origin, the principle of universality of voting right is a specific application of the principle of people's sovereignty. Since the people are the masters of the country, all the state power belongs to the people, then people have the right to choose the exercise of state power and social management personnel.
8, explain the main social function of the Constitution?
Answer: the constitution as the fundamental law of the state, in all areas of social life embodies its regulating function. Specific functions include:
A)   Confirm function. Constitution as the fundamental law, first is the confirmation function. Displays in: constitutional law confirmation by economic foundation, the Constitution and the nature of the content depends on the nature of the economic base; confirm the jurisdiction of the state power, the ruling class status legalization; the principle of legal system unification confirmation, is the organic unification of legal system and provide a uniform basis of development.
B)   Security function. Provide the effective guarantee of the constitutional development of democracy and human rights.
C)   Limit function. The hand to establish the reasonable granted principles and procedures of the state power, on the other hand also provides principles and procedures of limit state powers.
D)   Coordination function. In order to realize the recognition, protection and restriction function, constitution to deal with conflicts of interest and contradictions in the course of operation, coordinate the interests of different subjects relationship.
8, the election system of meaning? (basic function with twenty-first short answer questions, the electoral system. )
Answer: the electoral system is the foundation Chinese social democratic political system and an important part, directly reflects the nature and requirements Chinese social system. The electoral system establishment and the basic spirit of operation is: to meet the national nature of people's democratic dictatorship, the people involved in the political life of the country, for the people to effectively exercise their democratic rights provide procedures and legal conditions. Its significance is mainly the following aspects:
A)   The nature of the state comprehensively reflect the people's democratic dictatorship;
B)   The electoral system is to establish and perfect the system of people's Congress of the basis and starting point;
C)   The electoral system is the basic form of citizen participation in political life;
D)   The electoral system is the basic form of reasonable adjustment of state power and civil rights.
10, explain the main characteristics of a single system?
Answer: a single system is referred to as a whole country by a number of administrative units or autonomous units, these countries are not an integral part of the form of state structure. The basic features are: only the national constitution, only one central state organs system (including the legislature, administration and judiciary); every citizen has a unified nationality; each administrative unit or autonomous units are under the unified leadership of the central government, can not be separated from the central and independent; each administrative unit or autonomous unit power is the central through in the form of law granted, not inherent; the whole country is the only subject of international exchanges on behalf of the state.
The principle of equality, the 11 vote?
Answer: equal suffrage refers to all voters in every election can vote only once in one place, and all voters cast ballots are equally authentic. It includes two aspects: one is the equality of opportunity, each voter can vote only once; the two is the result of equal potency equal, each voter vote.
The main contents of the 12, the regional national autonomy?
Answer: the regional national autonomy refers to the people's Republic of China within the scope, in areas inhabited by ethnic minorities as the basis, establish the corresponding ethnic autonomous areas, and the establishment of national organs of self-government, autonomous rights shall exercise the constitutional and legal system. It consists of four inseparable basic content:
A)   Combination of ethnic autonomy and regional autonomy. The first is autonomous, followed by regional autonomy;
B)   The core is the minority to exercise the power of autonomy. The purpose is to achieve the management of the ethnic minority be in power, the internal local affairs;
C)   The subject of the exercise of autonomy is the organ of self-government of the national autonomous areas.
D)   The premise is the unified leadership of the central state of unity and. National autonomous areas is the Administrative Region under the unified leadership of the state, is part of our country can not be separated.
13, explain the basic content of the Special Administrative Region?
Answer: refers to set up in the scope of administrative region within the people's Republic of China enjoy special legal status, capitalist system and way of life of the local administrative region. Local administrative region China's Special Administrative Region to solve the historical legacy of Hongkong, Macao, Taiwan issue in a peaceful way and the establishment of the special. Include the following contents:
A)   Special Administrative Region is a new regional administrative region in china;
B)   It is the main difference with other local administrative region they practice basic life system;
C)   Special Administrative Region with a high degree of autonomy;
D)   The establishment of special administrative power and administrative power within the basic life system decision is the highest organ of state power.
14, show the difference between citizens and the people?
Answer: the concept of citizen basic right as different from the people. The main difference is:
A)   Citizens are natural persons who have the nationality of a country, is the concept of law, and the people's political concept, is the concept of political marked against;
B)   The legal concept of citizens is stable, and the people as a political concept, has the different contents in different periods.
C)   Citizenship is the concept of individual, and the people is the overall concept.
Main contents of the 15, the political rights?
Answer: the political rights of citizens is defined according to the Constitution and law, act possibility of political life in the country. It has two forms: one is the citizen to participate in the national, social organization and management activities, to vote and to stand for election exercise based; another is the citizen in the political life of the country freely express their opinions, express the freedom of will. Usually, speech, assembly, association, the press, freedom of demonstration, referred to as political freedom.
16, the current constitution of our country, the development of the basic rights of citizens to change?
Answer: the constitution of 1982 on the basis of summing up experiences and lessons, the fundamental rights system made a big adjustment, established in accordance with the actual China fundamental rights protection system. Mainly in the:
A)   To highlight the important role of basic rights in constitution, the basic civil rights and obligations by the third chapter to the second chapter in advance, master, national institutions, reasonable deal with the relationship between civil rights and state power.
B)   Re adjust the fundamental rights system, increase the basic content of the right. The abolition of 75, 78 years the citizens have the freedom to strike the provisions, increase the personal dignity of citizens are not violated, retirees living rights protected, disabled citizens by material help, meaning to standardize the basic rights.
C)   The conditions of basic rights. 82 years adhere to the basic rights of constitution value and the practical unification principle, pay attention to protect the civil rights and freedom from the legal and material.
D)   Reflect the basic rights and duties of the principles, rights and obligations of the principle of consistency.
The main functions of the 17, China people's Political Consultative Conference?
Answer: the main functions of political consultation, democratic supervision, participation in politics.
A)   Political consultation is the means, to conduct consultations on important issues of national and local fundamental policy, economy, culture and politics and social life of the important issues in the decision before the consultation and in the decision making process.
B)   Democratic supervision means, implementation of the national constitution, laws and regulations, guidelines and policies, the state organs and their staff, monitor through suggestions and criticisms of the form;
C)   Participation in politics is political consultation and democratic supervision and the extension of the expansion, is widely involved in the economic, political, cultural, social and international exchange activities, on important matters of concern and social hot issues, discussed review, investigation and study, put forward opinions and suggestions.
18, the characteristics of national basic rights and basic obligations?
Answer: the basic rights as a constitutional right adjustment state, is the core and basic position in the whole right system, whose basic characteristics in:
A)   The basic rights of citizens that the constitutional status. Perform the basic rights and basic obligations of the constitutional status of citizens in a country.
B)   The basic right is the foundation of a country right system. The provisions of the common law rights is the basic rights.
C)   The basic right is the right to stability system. In the diversified forms of rights has been incorporated into the basic rights in general is the state has the power to protect and realize the realistic foundation of rights, with relative stability.
D)   Basic rights can not be transferred in general.
E)   The basic rights are comprehensive. That outlines the citizen should have in the areas of social life in the most basic rights, involving politics, economy, culture and society.
Including our civic duty:
A)   To safeguard national unity and national unity compulsory;
B)   Abide by the constitution duties, including citizens loyal to the constitution, safeguard the dignity of the constitution, safeguard constitution implementation obligations; also contains keep state secrets, protect public property, observe labour discipline, observe public order, respect social morality obligation.
C)   To safeguard national security, honor and interests of the obligation
D)   According to the military service obligations;
E)   To pay taxes according to law of obligation;