On The Constitutional System Of National Mourning System

State mourning is a state system that shows deep reverence and condolences for the persons who have made outstanding contributions to society or died in serious natural disasters and other relevant personnel by ways of mourning. Internationally, many countries have sound laws related to state mourning system, but in China the related laws and statutes are not yet perfect. These various mourning rituals in the name of nation have the unique function and meaning, although state mourning system has been practiced in various forms in all countries, scholars haven't recognized it as a constitutional system . Meanwhile, although all countries have sporadic law norms related to state mourning, it hasn't been regarded as a unique institutional system for studying and designing. Ceremony of State Mourning has been practiced for several times in Chinese history, especially in recent years, due to frequent natural disasters, the system of state mourning is initiative to be practiced by the civilians, which is of great significance to social progress. The significance of the system of state mourning as a distinct system has begun to be concerned.In this article, the author has a bit of thinking about current practice of this important public event. The author not only recognizes the unique system characteristics of state mourning, but also intends to argue that it has important characteristics of constitutional system. The author wants to explore constitutional theoretical foundation of the system of state mourning, and form some specific ideas to build a comprehensive system of it in the framework of our constitution which could make the system run more reasonably and normalized.This article is divided into five parts. In the first part, the author defines the nature of the state mourning system, and sorts out several specific ways of state mourning by observing practices all around the world, which broadly including the system of lowering the flag to half, the system of mourning day and the system of state funeral. And then the article is concentrated on proving legitimacy of the state mourning by constitutional theories from four aspects in total. Firstly, the system reflects value of human dignity. Secondly, the system is conducive to strengthening national cohesion. Thirdly, the system contributes to formation of an active and healthy mourning culture. Fourthly, the system will meet pursuit of value of citizens. The second part contains numbers of issues necessary to be solved and some ways to analyze these issues. In this part, the article discusses three major issues: The first one is that practice of state mourning needs protection from legislation. The second one is that we should concern the relationship between rights and obligations. The third one is about the standard of construction of the system. The third part provides some suggestions for state mourning as a constitutional system, and discusses specific position of the system in the Constitution. In the fourth part, the author raises some concrete proposals aiming to improve and perfect the system. In the fifth part, the author makes a conclusion and expects to perfect mourning system in our country.