Research On China’s Constitutional Oath System

The oath as an ancient legal system existed in most countries and nations in the world. It’s origination,continuation and development is closely connected with religion. As the democracy spread widely and the concept of human rights and constitutional gradually establish, many countries have formed the system that the political leaders have sworn to the public and alleged to the constitution and the state which made the oath system an indispensable part of modern democratic society. Recently, The Chinese Communist Party Central Committee’s decision on a number of important issues in relation to comprehensively implementing governing the country by law was published which said the staff whoever elected by the NPC or appointed by its standing committee should pledge publicly to the constitution in the formal inauguration. It marks the constitutional oath system established formally in China. Thus, China becomes the world’s 98 th regulation system of public servants oath. Oath was ancient in China, but the constitutional oath system in the modern sense in mainland China appears in recent years. The formal establishment of the constitutional oath system is a very meaningful event in the political life in our country which plays an important role in the maintenance of constitution authority,the cultivation of the constitution and the establishment of the rule of law belief and the government’s credibility. On the one hand, it shows that our country’s determination to make a point of pursuing constitutional supremacy, administering power and officials according to law. One the other hand, even though constitutional oath is a legal system which used to control the staff members of state organs, this is not to suggest that it has no association with the masses. Officials alleging to the constitution, and the masses are witnesses. Therefore, constitutional oath system has also convey genuine respect in the masses. As we all known, all of these are not the fundamental purpose of constitutional oath system. In the final analysis, the effort to make a contribution towards the implementation of our constitution is the ultimate goal of this system, and this is connected with every citizen of the People’s Republic of China closely. But, the history f our country’s constitutional oath. System has just began. There are a series of problems to be solved, so we need to continue to work hard。This article will serve our newly established constitutional oath system as the research object which mainly research system of the constitutional oath will how to be implemented. Also it puts forward the focus of a sound system of our constitution oath based on the present situation in our country, combining with the experience at home and abroad which is specific rules of the constitutional oath system and the deepening of constitutional belief.This paper’s writing structure is as follows:The first part is mainly about the general theory of the constitutional oath system in this paper which clearly defines the connotation and characteristics of the constitutional oath and the historical origin of western social system of the constitutional oath of, and the nature of the constitutional oath system.The second part mainly introduced the practice of the system of our country in recent years about the oath, a series of problems, and specific analysis of the cause of the problem.The last part describes how to construct the specific rules in the system of our country’s constitutional oath in detail. On the basis of drawing lessons from the beneficial experience of foreign, combined with the actual practice of our parts,it also points out the design of all contents in the system of our country’s constitutional oath by comparative analysis method.