Research On The Improvement Of China's Constitutional Oath System

The constitution is the mother law of a country,the source of all laws,and the cornerstone of the process of national rule of law.As an important constitutional activity,the constitutional oath plays an important role in promoting the implementation of constitution.The inclusion of the constitutional oath into the constitution text in 2018 is an important cut-off point or a milestone or a historic leap in the construction of the constitution oath system.From the proposal of the Fourth Plenary Session of the 18 th CPC Central Committee to the decision document issued by the standing committee of the National People's Congress to the subsequent modification,which shows that party and country attach great importance to the constitutional oath system,finally,the system of the constitutional oath is written in constitution,the constitution will formally become the highest volition of the party and people,from now,it provides a strong constitutional basis for the implementation of the constitutional oath system.For China,as a new top-level design and system,it is still in the preliminary stage of institutionbuilding,and,it still has many aspects to be perfected.In order to give full play to the function and effect of the constitutional oath system,this paper will elaborate the core issues through the following four parts.The first part is an overview of the theory.Firstly,the origin,definition and extension of the concept of the constitutional oath are explained,and then the theoretical basis and institutional significance are elaborated to pave the way for the following in-depth research.The second part are China's native oath tradition and the present situation of constitutional oath system.Based on the existing literature,it further explores and collates the special habits and traditions related to oath in china,including the short history of the constitution oath of the Republic of China era,then,it describes and analyzes the current situation of legislation and practice of the constitutional oath system.The third part analyzes the existing problems in the system of constitutional oath,which mainly exist in the aspects of standard form,subject of oath taking,procedure and details,defect recovery mechanism and breach of oath liability mechanism,etc.The fourth part is aimed at the problems of the system of constitutional oath,standing in the constitutional oath system into the constitution this new historical starting point,systematically put forward to perfect idea,provides suggestion and scheme for the reality of our country,the aim is to promote the localization of the constitutional oath system,and finally achieve the goal of maintaining the authority of the constitution,strengthening the constitutional thinking of public servants and cultivating the constitutional belief of citizens.