Research On The Constitutional Oath System In Our Country

In order to enrich our constitutional culture and improve our country's constitutional structure,the Fourth Plenary Session of the18 th CPC Central Committee proposed the establishment of a constitutional oath system.At the 33 rd Session of the Standing Committee of the Twelfth National People ' s Congress,we discussed the construction of the constitutional oath system.The fifteenth session of the Standing Committee of the Twelfth National People's Congress adopted the Decision of the Standing Committee of the National People's Congress Concerning the Implementation of the Constitutional Oath System.Until March this year,the 13 th National People's Congress reviewed and passed the constitutional oath system into the Constitution.Today,the "sworn oath constitution" has become one of the focuses of the modernization of China's legal system.With the sound development of China's legal undertaking,efforts to improve the construction of the constitutional oath system will help enrich the content of China's political life andpromote the development of political civilization in China.Based on the study of the constitutional oath system's characteristics,theoretical basis,origin and formation and other related theories,this article introduces the evolution of the constitutional oath system in Hong Kong,Macao and China mainland,and analyzes the constitutional oath system of the United States and Germany.From the Decision of the Standing Committee of the National People's Congress Concerning the Implementation of the Constitutional Oath System and the local oath organization methods,analyzes the existing problems:on the form of legislation way,there is a problem that the system lacks a unified legal norm and the actual effect of the Decision of the Standing Committee of the National People's Congress Concerning the Implementation of the Constitutional Oath System is not clear;The existence of legal content existed as the object of the constitutional swearing,the swearing-in ceremony procedure of the constitution,and the lack of corresponding swearing and swearing responsibility mechanism provisions.Suggestions for problems: to establish and improve the constitutional oath system of the "constitution + the single line of law" legislative model,it is necessary to develop a constitutional swearing law,and its legislative structure must be systematic and scientific.The contents of the legal norms of the constitutional oath should be clearly defined in the form of the constitutional sworn objects in theformal form,the specific procedures for further standardizing the oath of the constitution,the new supervision over the oath of the constitution,and the mechanism of the oath of the oath.The constitutional oath system needs to further study the subsequent development,further improve its construction,raise its standardization level,and strive to build a modern socialist country with strong rule of law.