Research On Constitutional Oath System Of Civil Servants

The constitutional oath of civil servants mainly refers to a commitment made by the civil servants to observe and give allegiance to the Constitution and laws when assuming office. According to the basis of constitutional oath, that is whether it comes from the provisions of the Constitution, this paper divides it into two definitions, narrow and broad senses. In narrow sense, the constitutional oath refers that it is stipulated in a country’s constitution, the newly elected state officials swear to the public to observe and give allegiance to the Constitution and laws and be dedicated to serve the people in the office before assuming office formally. In broad sense, it refers that it is not stipulated in a country’s constitution, but we hold the inauguration ceremony to swear allegiance to the Constitution and laws in common social life spontaneously and decentralized.Today constitutional oath has become an important procedure in the civil servants’inauguration, and many countries have established a civil servants’ constitutional oath system. However, we have many constitutional oath practices of civil servants so far, but we have not established corresponding legal documents to confirm this system of civil servants. Therefore, in our country to establish civil servants’ constitutional oath system is of some importance, necessity and feasibility. In transplantation of this system, we must adhere to the principle of line with national conditions.At present the constitutional oath of civil servants in our country is characterized by dispersive oath main body, spontaneous oath activities and diversified oath ceremony, so it is necessary to build a complete civil servant system to regulate these oath activities. This paper is mainly to explore the importance, necessity and feasibility of establishing the civil servants’ constitutional oath system in our country, by analyzing civil servants’ constitutional oath systems and their reference in several overseas democratic countries, observing our country’s existing constitutional oath from the aspects of system and practical situation, and combining with the deficiencies we have found already, such as the constitutional consciousness of the oath main body is not strong, the procedural safeguard of oath activities is not enough and the remedy mechanism of failure/dishonesty oath is absent.