Research On Legalization Of Our Constitutional Oath System

In today's world,many countries follow the practices of the United States and the United States,and have established the constitutional oath system as a pre-procedure for the inauguration of national civil servants.At present,there are a lot of the constitutional oath practice in our country,and will be special provisions of its rise to system level,but at this stage of the legislative practice has not been deepening,the oath of the constitutional system under the rule of law degree is not high.The so-called "act is not sufficient".In order to better play to the role of the constitutional oath system,it must perfect the corresponding content to guarantee the implementation of the system of the constitutional oath,if you just stay on the slogan,the effectiveness of the constitutional oath system can only be useless.Therefore,it is necessary to improve the legal system of the constitutional oath system,clarify its legal effect and put it on the right track.In addition to the introduction,this paper is divided into five parts:The first part is an overview of the constitutional oath system.This part mainly aims at defining the meaning of the constitutional oath system,and interprets the concept of constitutional oath.Expounds the preserved the academic basis of the constitutional oath system:the existence of the constitutional oath system has profound theoretical basis,its produce rely on for "the constitution theory of authorization" and "popular sovereignty".This part also introduces the historical evolution of the constitutional oath system and the practical significance of the constitutional oath system.The constitutional oath originated from abroad,and its development in China was later than that of foreign countries,which was developed from the embryonic stage of the republic of China to this day.It is in analyzing the history of the constitutional oath that we really appreciate the significance,value and the necessity of the rule of law.The second part is the necessity of the constitutional oath system.Legalization is the foundation of the development of the constitutional oath system.The legalization of the system is the fundamental guarantee to uphold the supremacy of the constitution,promote the implementation of the constitution and guarantee the effective operation of the oath system.In addition,the rule of law is also to apply the constitution to practice,and urge the national public officials to perform their duties according to law and to foster the fundamental choice of the social constitution belief.The third part is the analysis of the status quo of our constitutional oath system.At present,China's constitutional oath system has been formally established through the decision of the standing committee of the National People's Congress.Although some breakthroughs have been made,there are still large gaps in the legislative text,the subject scope of the oath,the form of the oath and the validity of the constitutional oath.Based on the current situation analysis,the main objective of this part is to consider the problems in the legal process of the constitutional oath system.The fourth part,the legal system of the constitutional oath system in the field of internal and external experience.The oath of the constitution originated abroad.Therefore,discusses the construction of the constitutional oath system in our country under the rule of law,it is necessary to comb the characteristic of the induction outside,understand the current system of constitutional oath experience in the international development trend and the rule of law.In addition,through the domain.The fifth part is the legal system of the constitutional oath system.It has been proved that legalization is the path choice to construct our constitutional oath system.Combination of jurisprudence theory guidance,this paper will bring forward the following:the system of constitutional oath will be written to the constitution,the clarity of the constitutional oath,norming the program of the constitutional oath of legal content and form,specific constitutional oath of law and the legal responsibility and the way such as strengthening the consciousness of national public servants of the constitution.