On The Perfection Of The Constitutional Oath System In Our Country

Constitutional oath offers to a system that a national public officials make a commitment to pledge allegiance to the constitution, to fulfill their duties, to accept the supervision through the open ceremony before taking office. The origin of the constitutional oath is closely related to superstition and religion, and then, with the spread of the idea of democracy and the rule of law, the system has gradually developed into a modern constitutional system. The system of constitutional oath is a kind of political ritual. It is a collection of symbols, which has the function of regulating the transfer of power and strengthening the political legitimacy. Constitutional oath system takes the constitution as the inner core. The constitution is the origin of the constitutional system. At the same time, it is an important way to construct the belief of constitution.Up to now, about more than 170 countries have established the constitutional oath system in the world, China also has established constitutional oath system on July 1, 2015 in the form of legislation, the Decision of Implementing Constitutional Oath System Made by the Standing Committee of the National People’s Congress(herein after referred to as "the decision"), and many provinces have also introduced the details of the decision. The decision adopt multiply subjects and single oath, which also includes some procedures of constitutional oath. But there are also many problems in the existing provisions: first, the body of constitutional oath should be further widen; secondly, many deficiencies exist in the single oath, which can not highlight the positions’ main features of the constitutional oath bodies. Finally, in the decision, the provisions of the constitutional oath procedure is relatively rough. The rules of the provinces have been improved, However, which are still not unified and perfect.To solve these problems, this paper puts forward the idea of perfecting our constitutional oath system: first of all, the party members should be put into the oath subject list, including the party’s Politburo Standing Committee members and the local Party Committee Standing Committee members; secondly, the divisive oaths should be designed according to different subjects of the positions, and the constitutional oath program should be unified and refined; finally, our country do not have the formal objects of constitutional oath, but in view of its significance, we should consider the authoritires of the election and appointment as the objects according to the legal experience of other countries combined with the actual situation.Constitutional oath system plays an important role in promoting the rule of law in our country. Although China has the constitutional oath system in form of legislation, but if we put it into the constitution as the fundamental law, the constitutional oath could develop the value better.