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Constitutional Faith In The Chinese Context

Posted on:2011-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:D CaoFull Text:PDF
GTID:2206360308971719Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Construct constitutional state is the trend of the world and China follow the trend forward. I follow the times, trying to discuss the constitutional beliefs in Chinese context. For the topic, the author get one case of a burning American flag to explain what is constitutional faith. And only people have know what kind of attitude, determination, emotions and actions citizens have say that believed in constitution. Clearly, the American people constitutional understanding and attitudes are incorporated in their born. This belief in the spirit of constitutional government should be learned by Chinese people.Constitutional system is the core of a country's rule of law. The author pointed out that the country's biggest constitutional premise is that the state of peace. I believe that war is a grave constitutional, only peace is the bastion of constitutional government. In a country overshadowed by war, the constitutional rule is a luxury. National peace is the only way people really means to the constitutional vigorous passion, and it might make people have the energy conditions for the practice of perseverance to his ideal state - a constitutional state and the struggleTo make people more profoundly understand of constitutional interpretation, the author analysis "belief", "law faith", "Constitutionalism and constitutional faith", which focuses on "Constitutionalism and constitutional faith" and expound that by the constitutional state should have core such as people sovereignty, limited government, party games and flexible balance of power between central and local sharing of power, freedom expression, personal liberty and private property safe, non-interference domestic affairs of the military system, complete and independent legal system, constitutional eight cores.However, the above only described the core constitutional and did not explain why should China choose the constitutional faith. Therefore, then I explain why should China choose constitution as a country's belief. Apart from religion, monarchical supremacy, ethical perspectives of supreme proof that these are no longer suitable for China. Rule of law is the only choice in China, where the core of constitutionalism is the rule of law. Therefore, the construction of constitutional state is the inevitable choice of China.Of course, make people to believe constitution is difficult, but I then focuses on the plight of China's National Constitutional faith. The plight is multiple, including cultural predicament, historical plight and institutional difficulties. Cultural difficulties focuses on that the Chinese people have a lack of emotional and constitutional factors in the constitutional tradition of legal culture, such as the world all belong to the emperor, the law is only a tool for punishment, etc. These have shown a lack of traditional Chinese legal culture, constitutional factors. Difficulties in the system, the author focuses on the plight of the death penalty and anti-torture restrictions and the plight of the executive power. Difficulties in the executive power from the three aspects of the plight of the executive power: first, administrative institutions and numerous and the high administrative costs, and administrative efficiency is low; Second, weak supervision breed corruption; Third, the centralized model is not conducive to administrative judgments and decision-making. Difficulties in the system, not only the Above-mentioned plight, but also the plight of the judicial system and so on.Facing so many difficulties the author as take Zhao Hengti who opened constitution Campaign in Hunan province during the period of 1921 to 1923 as an example and that despite the provincial constitution campaign failed, but the struggle to constitutional rule of Hunan citizen's courage and determination to remain is worthy of our modern learning they and still inspire us to fight for the constitutional government.Though, the national faith is full of obstruction and difficulties, it does not prevent us from and fighting for the constitutional government, this does not prevent us from cultivating the constitutional faith. This then quthor talk about how to foster constitutional government. First of all, the elite in the train pushing the importance of the constitutional belief that history is driven by the elite and the masses of people together to create a constitutional nation. Then, explains how to cultivate the authority of the Constitution, torture, death and nurture the relationship between the constitutional faith. And finally, I believe that nurture is the cultivation of constitutional breach of faith that more people have the awareness of constitutionalism. Moreover, students described how the awareness of constitutionalism, the awareness of constitutionalism of party cadres and farmers brothers awareness of constitutionalism.I believe that our generation is very lucky. Since the Opium War, our generation is the most fortunate generation. No foreign aggression against us, there is no domestic warlords. The China--giant dragon leap up to strong. our generation to live in the most peaceful generation. Peace is a constitutional state and prerequisite for building the biggest constitutional state. And today China has met the greatest premise. So we can not allow the peace simply run out in our generation, and future generations can not feel sorry for our generation. We should seize this rare century opportunity, and seize the opportunity to wholeheartedly to build China into a constitutional state-building and work hard. Finally with a strong hope, I wish a constitutional state has already completed the land of China.
Keywords/Search Tags:constitutionalism, belief, rule of law, dilemma
PDF Full Text Request
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