On The Perfection Of Our Constitution Oath System

On March 11,2018,the 13th at a meeting of the National People's Congress examined and approved the amendment to the constitution of the People's Republic of China law,the constitution in article 27 of the increased by a regulation:"the national office staff shall be in accordance with the law when the public for a constitution",the important changes the system of constitutional oath will rise to the constitutional level.This paper first introduces the basic theory of the constitutional oath system,and then,combined with the content of the current constitutional oath system,further analyzes the status quo of the constitutional oath system,and puts forward the deficiencies of the constitutional oath system.Then it investigates and studies the relevant provisions of the overseas constitutional oath system,and draws lessons and inspirations for the development of China's constitutional oath system.Finally,it puts forward specific Suggestions on the improvement of the four aspects of the constitutional oath system:the subject,the oath,the ceremony and the responsibility for breach of oath.First,the constitution of the People's Republic of China clearly states that state functionaries must take an oath to the constitution.The decision lists the subjects who take the oath.Recommendations will be the main body of the constitutional oath with reference to the supervision of the inspection act objects,phased enlarge its scope?Secondly,the oath words of our constitution are unified,and there are no different oath words for different professions.In order to further strengthen the sense of oath participation of the subjects of the constitutional oath,arouse their resonance for the profession,and strengthen their sense of mission,we can learn from the German semi-unified oath structure.In addition,the swearing-in ceremony adopts oral oath,and it is suggested that oral oath and written oath can be combined.Thirdly,The oath ceremony is only briefly stipulated in the decision,and the details of the oath ceremony are not specified.After the specific formulation power is given to the local government,the regulations on the oath ceremony of the constitution vary in details in different places,which greatly weakens the sense of the oath ceremony.Therefore,the time,place,participants,way and process of taking the oath of the constitution should be specified.Fourthly,in view of the absence of the duty of breach of oath in the system of our country's constitution,the author puts forward some Suggestions to clarify the duty of breach of oath.