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Research On The Type Division Of China's Constitutional Rights

Posted on:2019-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZouFull Text:PDF
GTID:2416330545487749Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
One of the most essential and core contents of the constitution is the realization and guarantee of the constitutional rights,therefore,research on realization and protection of Chinese constitutional rights are significant.The defects can be seen through the previous studies,the fundamental problem is that they didn't explore the characteristics of the realization of constitutional rights and guarantee concreteness and necessity,so the pertinence and rationality of the division of constitutional rights are naturally flawed.Based on the criteria for the division of goals and means,dividing the constitutional rights of our country into targeted constitutional rights and instrumental constitutional rights from a dynamic perspective.Based on the close connection with the target constitutional rights,the instrumental constitutional rights are further divided into direct instrumental constitutional rights and indirect instrumental constitutional rights.Based on the amount of the country's input,divided the constitutional rights into constitutional rights with the principle of equality,constitutional rights with the principle of freedom as the core.Applying the principles of the relationship contained in this new classification,construct a corresponding realization of Chinese constitutional rights and guarantee mechanisms.In order to prove the classification results more scientific and reasonable,one of the classification criteria is used,and the corresponding realization and protection mechanisms are put forward using the right to vote and private property rights as examples,and the criteria for classification two are applied,namely social security rights and property rights respectively.Using the criteria of classification two,the corresponding realization and protection mechanisms are put forward for social security rights and private property rights respectively.
Keywords/Search Tags:division of China's constitutional rights, objective and measurable Constitutional rights, Constitutional rights based on the principles of equality and freedom, the realization and guarantee of China's constitutional rights
PDF Full Text Request
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