On Amendment To The System Of Citizens' Constitutional Duties

From of old, the relationship between citizens and their state has been the key issue researched by politics and law of Western countries. The regulations on fundamental duties of citizens in the Constitution not only have supplied sufficient research resources concerning positive law for us to study the fundamental duties, meanwhile, have also made a requirement to constitution for a theoretical research on the fundamental duties. As a law, the Constitution shall be implemented effectively, while, the Constitution of our country is still far away from a standard constitution, for which one reason is that there are deficiencies existing in the design of constitutional text, mainly finding expression in the constitutional duties of citizens, i.e. the normative system of duty is in disorder and there are too much imposed duties which are partial to the morality, thus, the constitutional duty is hard to perform, consequently, a requirement that we need to analyze the constitutional duties of citizens deeply and re-design the duty system is facing us.In order to achieve the mentioned purpose above, the author starts from analysis on the essential meaning of citizens'constitutional duties, explains which kind of duty should be regulated in the constitutional text and how to adjust the current duty system. In Part-1 of the thesis, the author has analyzed and made clear the scope of citizens'constitutional duties to be discussed. In the author's opinion, the prohibitive norms specified in the general principles Chapter of the Constitution and the obligatory norms within jurisdiction in the right-granting norms set forth in the Second Chapter of the Constitution are not necessary enough to exist in the constitutional text, and the civic duties implied in the authorizing norms directing at state organs needn't the consideration of constitutionality, therefore, the extent of citizens'constitutional obligations to be discussed in the thesis is just the simple obligatory norms specified in the constitutional text, and concretely, they are the civic duties directly imposed by Article 42, 46, 49 and 51-56 of the Constitution.Then, how should we comprehend citizens'constitutional duties? And in which regulating way can the normalization of the Constitution be demonstrated? The answer will be found in Part-2 of the thesis. Firstly, the author introduces and evaluates the definition of citizens'constitutional duties by the educational circles, showing that certain deficiencies are existing in related views from current educational circles, and holds that, as a content of the Constitution, the constitutional obligations of citizens should be understood with the basic spirit of the Constitution as start point, therefore, clarifies that the inner spirit of the Constitution is a law of rights constricting the state's right so as to guarantee the civic right and the constitutional duties of citizens shall also exist based on this basic spirit, which is explained and analyzed from aspects such as the historical development of constitutional duties, the practice of constitutionalism and the theory of traditional constitution, etc. Meanwhile, with respect to that the scholars of our country are used to comprehend rights or duties from their relationship, the author puts forward that in the constitutional relation the corresponding existing state's right and fundamental duties of citizens are not balanced, and as the state coming into being as a result of the partly transferred rights by the people, during its relationship with the people, has only the duty or responsibility but no right. The constitutional duties have their independent values and are not only the dependencies to the rights, and the opinion that the constitutional duties are the limits of constitutional rights is opposed. Later on, based on concluding the characteristics should be possessed by the constitutional obligatory norms, it is comprehended as duties, in order to effectively standardize the state's right and maintain the constitutional rights and order, directing at the state and necessary for the state's existing and development, should be regulated by the Constitution and be performed by citizens. The civic constitutional obligatory norms imposed in the constitutional text should own such characteristic emphasized by this definition.Finally, in the thesis, after outlining the system of citizens' constitutional duties in constitutional text of our country, from the aspect of ought to be, expound that the constitutional text should possess the commonness of legal norms in designing its norms, and based on this, analyze the obligatory norms in the constitutional text of our country, hold that the constitutional obligatory norms own the following defects: 1. The obligatory system is in disorder; 2. Articles and clauses are not expressed legally enough, but more declarative and policy-related, and are hard to operate; 3. Duplicate content exist much; 4. Vague meaning makes the related term hard to implement; 5. The logic is fuzzy. The author proposes that start from the basic spirit of constricting the state power, take the characteristics should be owned by the constitutional obligations and the common characteristics should be owned by legal norms as standard, directing at the deficiencies of the constitutional obligatory norms, adjust the system of constitutional obligations, increase the principle of legal prescription of obligations, reserve normative obligations, delete the unreasonable obligations based on morality and justice, duties with nature of socialism, duties based on morality, policy-related duties and family-based obligations, restore the legality of the Constitution.