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Research About Fairness And Justice Written Into The Constitution

Posted on:2013-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WuFull Text:PDF
GTID:2246330371482042Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As the object of study fairness and justice in many disciplines is a matter ofdebate. Many scholars from different angles and different positions on the fairnessand justice, made a different analysis and discussion. The essence of socialism in thesocial form of value for the pursuit of fairness and justice, especially in social reformand opening up the practice of building our country in the primary stage of socialism,to some extent to answer and crack the fairness and justice issues in this historicprocess. The primary stage of socialism in China has entered the final course of socialfairness and justice of the value of lead is becoming increasingly prominent. Andsummarized the fairness and justice of socialism with Chinese characteristics, value,and its laws is very necessary. Fairness and justice in the context of the current lawsystem into the constitution, so that social justice and equality lead to the constitutionrecognized and guaranteed to improve China’s socialist constitutional construction isalso very necessary. The social values of fairness and justice and constitutionalconstruction is a major issue in Jurisprudence, has far-reaching theoretical andpractical significance.In this paper, four aspects of fairness and justice into the constitution problemwere discussed:The first part is an overview about the fairness and justice. About fairness andjustice in the history of the comb and foreign knowledge and theory is proposed basedon the Chinese nation in the primary stage of socialism, fairness and justice theory:Ideology of fairness and justice as a social value, has a distinct nationality, Region andTime, the whole and the individual, should be natural and real natural, absolute andrelative unified.The second part describes the necessity and urgency of fairness and justice in theConstitution. From the fair justice is the inherent requirement of the socialist essence,and building a harmonious society is the core value of the rule of law, and society, and the ultimate value orientation and the communist party’s ruling to the idea analysis itsnecessity; From the reality demand, constitutional theory and legal operation Angleshows that equity and justice in the constitution really is imminent.The third part is justice in the constitution of the feasibility. Clarify theconstitution of the fair justice into comprehensive social condition, and points out thatthe fairness and justice are the mainstream value consciousness, is our country andrelated state constitution amending mode and its running history, discusses on thecontent of the constitution of our country the structural deficiency, prove justice in theconstitution is practical and feasible.The fourth part explores fairness and justice in the constitution of the legislativepath. At the conclusion of the constitutional amendment on the basis of the model ofour country, and points out that the constitutional amendment mode is the fairness andjustice in the constitution of the best choice. Through the structural integrity of thecontent of the constitution, the analysis of the importance of the constitution preface,draw lessons from the United States and France fairness and justice in the constitutionof the operation, make justice in our country will be written in the constitution prefacepositioning.
Keywords/Search Tags:fairness, justice, Written into the constitution
PDF Full Text Request
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