The Formation And Realization Of Citizens' Constitutional Obligation Norms

The present paper starts from the norms of citizen obligation in the constitutional text of the contemporary leading countries, and further makes a thorough and clear statement of the citizen constitutional obligation, which enables us to better understand the constitutional obligation as the norm together with its general characteristics and the laws of development. In particular, the paper probes into the safeguarding of human rights when implementing the constitutional obligation. Moreover, efforts have been done on the reexamination of the features, jurisprudence and realization mechanism of the present norms of citizen obligation in our country, for the purpose of an objective analysis of the differences and similarities as well as success and failure between the Chinese and foreign constitutional text.In the first chapter, the paper concentrates on the contents and modes of norms. As it is, the reservation of law and proportional principle are the two basic principles that should be followed when defining constitutional obligation, which has mainly experienced the germination at the beginning, the peak time in the early twentieth century and the stable state at present.In the second chapter, the paper analyzes the characteristics and function of the constitution obligation. The function mainly includes the regulative function and social function, which could only be achieved via the former one. Besides, it is the function that determines its inner criterion of the constitution obligation. Distinguishing of the constitutional obligation, civil obligation and the constitutional right, the paper makes it clear that where the uniqueness of the constitutional obligation lies.In the third chapter, the present study, from the perspective of the state power, probe into the realization mechanism of the constitutional obligation: the legislative power are responsible for the formation of the constitutional obligation, the administrative authority for execution and the judicial power for review. In the last chapter, the paper reviews the formation and realization of our present norms constitutional obligation."The Conformation of Rights and Obligations"theory in the Marxist jurisprudence is the basis of the concept of the present constitutional obligation. The doctrine of national supremacy, the value orientation that abided by the constitution makers, should be kept in the formation of other norms and design of relative systems.