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The Protection Of The Basic Rights Of Citizens

Posted on:2008-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z X QiaoFull Text:PDF
GTID:2166360242959766Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In this paper, the basic rights of our citizens for the protection of a preliminary studies. In the paper the first part focuses on constitutional law and the general relationship that the Constitution is static text, constitutional and is a dynamic process. Based on the constitutional premise of the Constitution, to the core of democracy, the cornerstone of the rule of law, to the protection of human rights for political purposes or form political process. The constitution is the constitutional premise, the Constitution is constitutional life. The Constitution is static constitutional, and constitutional is a dynamic constitution. Constitution is the direct constitutional decision, the constitutional purpose of the constitutional purposes; Not to mention the Constitution on constitutional, leave the government, as the Constitution have become a dead letter. This means that the provisions of the Constitution which was in fact imposed by constitutional, which in fact is the implementation of the constitutional provisions of the Constitution; In other words, the Constitution is the law of the constitutional performance. Constitutional and the Constitution is the essence of the content. Constitution is to adjust the state and the citizens and the basic relationship This involves the nation's public power and private citizens of the relationship between rights and thus the transition to the second part of the thesis, that the powers and rights of the general relations between the two countries. The paper pointed out that the power comes from the right, to protect the rights and health, rights superior in power. The two are interrelated at the same time, rights and powers, also has different. This paper pointed out a four-point difference. First, the subjects of rights is not specific, and the main power is specific. Second, the content of the right than the broad powers. Third, the right to give up, not to give up power. Fourth, the power and rights of the conflict and the relationship between growth and decline.The core constitutional issue is to protect the rights of citizens and restricting the powers of the state. Papers to enter the third part, the constitutional nature. In this part, the author pointed out that the constitutional law and the common treatment is the core issue of civil rights and the powers of the state. This is the essence of constitutional government, not only to protect the rights of citizens and strengthening of national public authority to control and regulation. Then on how to achieve constitutional, that should detail how the protection of the rights of citizens begin. In this part, the thesis that, it should first is to strengthen the awareness of the rights of citizens. and a brief review of the Century awakening of the awareness of civil rights history. States must then is the constitution of the judiciary. Pointed to a need for constitutional many conditions, but one which is very important to the judicial protection. Constitution has no judicial guarantees could not be translated into constitutional. And argues that the following three reasons : the Constitution as the law of the Court should be applicable Ziranzhili; basic civil rights as the right to obtain judicial relief should be Ziranzhili; the basic rights of the citizens, basic human rights and the rule of law is constitutional core. This paper is part of the fourth. Fifth part is a discussion of how to control the power. This paper from the three areas designed to begin with the power of power constraints. The mechanism that is the core of the separation of powers, Authority to make different between a supervisor and the supervised or mutual supervision. Goes on to discuss the ethical constraints of power. That the meaning of this mechanism is through learning and education of the community or the ruling class of government officials into a request he their moral beliefs, and help them to establish a correct outlook on power, train them to serve the interests of the rule or the public interest and awareness of service quality, enable them to consciously use the inner moral strength to resist the adverse external temptations, consciously stricter demands on themselves, exercising the power in their hands. Finally, the paper right to the power of the mechanism of restraint. That its meaning lies in the correct understanding of the rights and powers of the relationship on the basis of the proper allocation of rights, to enable it to serve as a restriction to prevent the abuse of power role. Based on this thesis discussed briefly explore the relationship between the three.The principles of democracy, the right to control the power of this mechanism is the basis for legitimacy. This mechanism not only fully reflected the restraining power of the fundamental purpose, but made up for the other two mechanisms gaps. Whether it is restricting power power or moral constraints of power, if it is separated from the nature of democracy. it is only to safeguard the interests of the rulers and one has taken the strategy. These two mechanisms are belong to the ruling system of internal oversight. Power to the mechanism for the use of power is intended to enable public power within the institutions and officials implement mutual supervision and control. to the power of moral restraint mechanisms to nurture the officials self-monitoring and self-control ability. Rights and restraining power of this system is to establish the rule were to be the rulers of supervision. This is a reflection of the nature of democracy, citizenship and democracy commensurate with the status of the supervision and control. However, a democratic society is that the three mechanisms can coexist and complement each other.
Keywords/Search Tags:Protection
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