Research On The Scope Of The Subject Of Pledging Allegiance To Constitution

As human society productivity and constantly improve the level of civilization, legal system has become an important condition to improve the harmonious development of social order and production efficiency, and the constitution of system from the religious system out to become an important ceremony of modern democratic society. As an international practice,which is an important manifestation of popular sovereignty and restricting public power. the constitution oath system has been recognized and accepted by all countries（regions） in the world.The implementation of the constitution oath system is conducive to establish establish the authority of the constitutional and raise the people’s awareness of the constitution. The constitution oath mainly refers to a prior commitment by the state organs of public servants or other relevant personnel in the inaugural with oath of allegiance and abiding by the constitution and the law. The connotation of the constitution oath has broad and narrow sense. The generalized constitution oath refers to the existence constitution oath in the social life, with rich social practice, but it is not clearly defined by law. The constitutional oath in a narrow sense is relative to the general constitution, which means the system of the constitution, which is expressly provided by law.in.1787 <The Constitution of the United States> including the president of the United States, the staff members of all countries（regions）, the need for the inauguration of an oath of allegiance, affected by this, there are more than 90 countries（regions） clearly take the oath prescribed system suitable for civil servants taking office in their own country（region） in the “Constitution” in the world, China’s Hongkong, China’s Macao and China’s Taiwan province are specified by the universal oath system. With China’s legal system of continuous improvement, some provinces in mainland of China began to implement the constitutional oath system, but at present haven’t formed a systematic and legislative guidance system of the constitution. The importance of the constitutional oath for the whole society, the primary problem in the research of the legislative system of the constitution is the definition of scope of the constitutional oath of main body, this subject is refers to the constitutional oath system of relevant laws and regulations listed Ming swore their allegiance to the constitution of personnel is to define what kind of person is specifically made constitutional oath of groups.In addition to the introduction, This paper is divided into five partsThe first chapter, the historical development of the scope of the main body of the constitution oath in our country. This chapter mainly on our country constitution oath subject range of the changes in the course of elaborate during the period of the Republic of China, and after the founding of new China, to explore the constitution oath of our country subject practice from the period of the Republic of China to after the founding of new China, and to reference and rethink on foreign related development experience.The second chapter, the theoretical basis for defining the scope of the main body of the oath in our country. This chapter mainly on analysis about the two aspects: the inevitable of the constitution of the People’s Republic of China pledge to define the scope of the subject of rule of law, and the realistic necessity,to believe that define the oath subject range is respect for the constitution, and the setting up the authority of the constitution, breaking an oath subject the official standard thought, consolidate the theoretical support of government credit.In chapter three, comparison and analysis of the scope of the main body of the constitution at home and abroad. This chapter starts from several typical foreign countries constitutional oath subject scope, to explore comparison of abroad constitutional oath subject system and domestic and foreign constitutional oath system, to draw lessons from the United States, Russia, South Korea and other countries constitutional oath system for foreign constitutional oath about the scope of the subject, in order to explore the constitution of the People’s Republic of China took the oath of the positive and the negative aspects of the scope of the subject.The fourth chapter, the status quo of the scope of the main body of the Constitution in our country.. This chapter firstly expounds the main body range of the oath in China, then to analyse the rationality on our oath of the main form, then to put forward some problems such as the incomplete coverage of the main body of the oath, the existence of the main body of the oath, and so on.The fifth chapter, on the perfection of the scope of the main body of the current constitution in China. This chapter put forward some perfection way: to develop the specific constitution complex of the main body and the citizen, to improve the specific scope of the main body of the oath, to define the relevant provisions of the Constitution, to formulate constitutional law, and so on. Through these way, it is to improve our constitutional oath of office system, and promote the development of China’s rule of law and democracy and the rule of law construction.