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Basic State Policy In The Perspective Of The Constitution

Posted on:2017-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2336330485452375Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The basic national policy is the main policy to regulate the behavior of the state and to lead the development trend of the country in a long period. It is in the highest position in the whole policy system, which has an important role in the national economic and social development. At present, the research on the basic state policy of the constitution is still very weak, there are still many problems having not been thoroughly discussed. In some of the problems having been discussed, there are still a lot of controversy. Such as the definition, the validity, and the implementation of the basic national policy. All these can be explored further. The constitutional perspective, explore the basic national policy in the constitution appears to the original constitutional structure brought about by the influence, basic national policy analysis as a new kind of constitutional structure, and the original binary structure of the constitution between existing connections. The constitution of the basic state policy has become inevitable, so the value of the basic state policy in the form of expression in the constitution. In addition, you want to fully implement the basic national policy, then, the effectiveness of the basic state policy analysis is essential. Comprehensive learning in all points of view, the validity of the basic national policy, can be divided into negative and positive relative distinction. This has a guiding significance to the study of the basic national policy of our country. In this paper, the basic state policy of opening to the outside world, family planning, and equality between men and women, for example, commissioned from the constitution, the terms of the policy and institutional guarantee three aspects to analyze the basic state policy of constitution validity, only for basic national policy has what kind of constitution validity is a clear understanding of, to better ensure the basic national policy to implement. While affirming the value of the basic state policy, we should also find that in practice, there are many difficulties in the realization of the constitutional validity of the basic national policy. How to solve these problems is the focus of this paper. First, the need to improve the contains the terms of the basic national policy, a constitutional norm system. Secondly, in practice and need to construct a legal safeguard mechanism, from the legislation, from law enforcement, on the implementation of the basic national policy to a security role. Again, we must have a review of the basic state policy of the review mechanism, including the establishment of the review body, the scope of the review, the establishment of a review of the benchmark. Only in this way can the system and the standardization of the system ensure that the implementation of the basic national policy will not become empty talk, to ensure that the basic national policy can achieve its constitutional validity in the true sense.
Keywords/Search Tags:basic national policy, effectiveness, constitutional structure
PDF Full Text Request
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