The Perfection Of The Constitutional Oath System In China

The early oath originated from the superstition of human beings to nature,with religious superstition,and people worshiped the gods through solemn rituals.This ancient swearing ritual still has its vitality today,and it is valued by the modern social legal system.However,the superstitious color in the swearing ceremony has disappeared,and the constitutional oath system with legal system has slowly emerged.What this paper is studying is the constitutional oath system established and implemented in China recently.Through the study of the newly revised Constitution and the Decision on the Implementation of the Constitutional Oath System in 2018,as well as the constitutional oath in practice,the comparative analysis of its existence problem.This article is divided into four parts;The first part is a general overview of the constitutional oath.Firstly,it conceptually integrates scholars' understanding of the constitutional oath system in different periods and summarizes its characteristics.Secondly,it introduces the formation and development of the constitutional oath system.According to the procedures of the oath of the constitution in ancient and modern times,it expounds the development process of the constitutional oath from the beginning of superstition and other "irrational" beliefs to democracy and the rule of law.The second part is the analysis of the norm and practice of the constitutional oath system of our country.It mainly studies the status quo of the constitutional oath from the "Decision" and the constitutional oaths organization and extra-territorial constitution of the province,autonomous region and municipality,and the oath of the constitutional oath of our country.The ritual elements,namely the form of oath,the organization procedure,the time of oath,and the basic profile of the place were elaborated.At the same time,due to the flexible treatment of the Constitution of our country,the implementation methods of the provinces were compared.From a practical point of view,it mainly analyzes and summarizes the characteristics of the constitutional oath ceremony conducted by Chinese national leaders in 2018 and the recent constitutional oath ceremony in various regions.The third part is the analysis of the status quo to the lack of procedural and responsibilities in our country.The procedural time is not clear,the oath is not fixed,and the oath ceremony details are rough.There is a lack of provisions for the oath of responsibility,and there is a lack of provisions for the distinction between the types of oaths and the consequences of liability.The last part is the perfection of the constitutional oath.First of all,the main goal of perfecting the constitutional oath system is to consolidate the constitutional status and promote constitutional governance according to the constitution;promote the implementation of the constitution and strengthen the supervision of citizens.Secondly,from a macroscopic point of view,there are basic ideas for perfecting the constitutional oath system,including: strengthening the legal status of the constitutional oath system and regulating the legal procedures for the oath of the constitution.Finally,from a microscopic point of view,elaborate the specific way to perfect the constitutional oath system: according to the professional characteristics of each oath,form a diversified oath model;improve the constitutional oath ritual procedure,from time,place,dress,host,oath These specific aspects are unified;the mechanism of vows to violate the letter of responsibility,the supervision of the actions of the oaths,and the effect of the constitutional oath are strengthened.