Constitutional Oath System In China

In the background of modern nations governed by law,there are 177 countries in the world which have successively established a constitutional oath system,which has undoubtedly become a world trend.In recent years,China has also followed the trend of the world and introduced a constitutional oath system.The constitutional oath system was formally established in China in 2016,and new revise was made in the 2018 Decision of the Standing Committee of the National People’s Congress on the Implementation of the Constitutional Oath System,and the oath of the constitutional oath system was improved,and It is clear that the oath system must be implemented conscientiously from the central to the local level.On the morning of March 17,2018,General Secretary Xi Jinping carried out the constitutional oath of the first Chinese leader since the constitutional oath system was established in China.The status of the Constitution has been continuously improved,and China has paid more and more attention to the constitutional oath system.The constitutional oath system is an oath of office which is composed of a combination of politics and law,which is carried out by the state staff established by the Constitution at the beginning of the new or new term.The constitutional oath system has many functions that are conducive to the country’s construction and are favored by all countries in the world.The perfect constitutional oath system can directly express the purpose of the country’s "sovereignty in the people",embody the spirit of "the constitution is supreme" and "the law is supreme",promote the perfection of our legal system,regulate the use of sworn national staff,and make The legitimacy of the transfer of power is fully guaranteed.Since the constitutional oath system of our country has just been established,there are still many places to be perfected.Stones from other hills,can learn.In the course of the research,it is also necessary to understand the constitutional oath system of other typical countries,and discover the unique institutional design of each country in order to further provide solutions for the improvement of the constitutional oath system of our country.The British system design is the system design that can represent the Commonwealth countries.The majority of the Commonwealth countries are institutional norms designed according to the British constitutional oath,which is very representative.The United States is a typical common law country with a certain degree of institutional design and a famous presidential oath ceremony.Germany and Japan are typical civil law countries and have similarities with China’s institutional establishment.Understand the characteristics of the constitutional oath system of other countries,and then carry out legal transplants according to China’s specific national conditions,appropriately discarding them,taking their essence and going to their dross,and contributing to the development and perfection of our constitutional oath system.China also had an attempt which was similar to the constitutional oath system during the Republic of China,but the system was not really established.At present,China has many problems in the practice level of the system.For example,the implementation of the constitutional oath system in the provinces is not in place.The degree of practice of the various organizations in the process of constitutional oath is different.The scope of the oath needs to be further clarified and there is no constitution.The validity of the oath and the responsibility for the oath are established and so on.In view of the problems found so far,it is urgent to solve and improve.Therefore,it is suggested that the emphasis should be placed on the constitutional oath system,the speed of legislation should be accelerated,the legislation of the system should be updated in a timely manner;the scope of the constitutional oath should be clarified;and the excellent department should be used as a model in the process of constitutional oath.To be open and fair;to sign and retain the oath of the constitutional oath;to confirm the validity of the constitutional oath,to set standards,and to make matters related to unconstitutional responsibility.The constitutional oath system is one of the symbols of the modern rule of law.In order to make it work better,it is imperative to perfect the constitutional oath system.