The Study Of Civil Patriotic Duty Under The View Of Constitutional Law

Be suspicious of “love country and Hong Kong” has aroused the academic thinking about the obligation of patriotic.Patriotic has become the first virtue of citizens which guided the citizen patriotic behavior since ancient time.With the modern constitution came,the citizen patriotism gradually evolved from the civic virtue into the obligation of patriotic.Under the view of constitutional law,the basic relationship of constitutional adjustment is the relationship between the state and the citizen.The legitimacy of patriotic duty includes: historically,constitutional patriotism is regarded as a kind of identity theory in early time,then gradually developed into a kind of the constitution norm.From the view of power,the patriotic duty's essence is loyal to the good state power and hope it protect he human right.From the view of norm,Patriotic duty not only include the 52 th ? 54 th of our constitution,but also include other basic liability constitution norm.From the view of value,the value of citizen patriotic duty effect the whole constitutional system,which be good for training the consciousness of citizen patriotic and help to protect the national unity.In our basic obligation system is as a high-level duty,which is as the obligation of source in basic obligation system that guide other basic obligation and expound other obligations which aren't been stipulated by the constitutional.All of this not only protect the stability and authority of constitution but also maintain therun of state power.Just like other basic obligation,the real value of citizen patriotic duty is applying.Because the organs of state apply effect the human right,it is necessary to formulate the fundamental principle and perfect the unconstitutional censorship,which can ensure the application of duty and protect he human right and freedom.However,the citizen patriotic duty is dangerous,which from the loyalty of uncertainty of state power: the boundaries between good and bad.If we cannot control this dangerous,it will harm the human right.So we must alert and make relevant boundaries to control it is really necessary.