Research On The Oath Procedure Of My Country's Constitution

In 2015,the Standing Committee of the National People's Congress adopted The Decision of the Standing Committee of the NPC on the Implementation of the Constitutional Oath System.(Hereinafter reffered to briefly as the Decision.)The decision provided the constitutional oath system was going to be implemented in January1,2016,which indicated that the system eventually established in the form of legislation in our country.The constitutional oath procedure constitutes the main part of the constitutional oath system,which is the key to realize the constitutional purpose of protecting civil rights and controlling state power.The provisions of the“decision”cover the basic content of the subject,oath,ritual and place of the constitutional oath.It established the basic framework of the constitutional oath of our country.But for a certain procedural matters,it didn't make detailed stipulations.Without a uniform and normative procedural rules,it leads to chaos in practice.The procedure of institutional oath of our country has a great deal of arbitrariness and uncertainty in its implementation,and it is not easy to secure a serious and sacred status of the constitutional oath.Therefore,further improvement of the procedures can promote the development of the constitutional oath system,and truly play its social value.This article includes the following four parts:The first part is Overview of the constitutional oath procedure.It first introduce that effective guarantee of the constitutional oath procedure,according to the ancient and modern oath procedure,the constitutional oath procedure experienced the development process from "irrational"(such as superstition)to emocracy and rule of law.the second,introduce the elements of the constitutional oath procedure.comparative of the world's constitutional texts,the constitutional oath procedure is summarized from the affirmation,the ritual elements,and the ceremonial elements of the oath of the constitution.among them,the ceremonial elements include the time of the oath,the place,the host,the witness.The second part is the value analysis of the constitutional oath procedure..thevalue of the process is primarily valued for justice and fairness,norms and consensus,stability and peace,which is reflected in the constitutional oath system:first,it is a legal transfer of power,and it is transferred from the people's hands to the pledges,to show that the power of the state is legally transferred.second,it regulates the transfer of power,so that public power can be exercised within the scope of law to prevent abuse of power.The third,its smooth transfer of power,the orderly completion of the handover of power,conducive to a stable social and political order.the last,it establishes the authority of the constitution,makes the constitution recognized and respected,and maintains the supreme legal status of the constitution.The third part is analyze the text of the constitutional oath procedure.first,it state the affirmation,the ritual elements,and the ceremonial elements of the oath of the constitution(Includes the form of oath,the organization procedure,the oath time,the place).our constitution pledges to adopt the flexible processing method,to the provincial implementation method to make the comparison.second,analyze the deficiency of our country:lack of internal belief support,imperfect legislative system and imperfect content.the last,the reason for the lack of reflection is perfecting the constitutional oath requires a process and "Power constraints" have not been effectively implemented.The fourth part is the main way to perfect our constitution oath procedure.The total goal is consolidate constitutional status and to promote the rule of constitution.In addition,the implementation of the constitution and strengthen citizen supervision.From the macro point of view,the constitutional oath procedure should have basic basic idea,which including establish the concept of procedure and constitution belief and to regulate the constitutional oath in the form of legislation.From the micro point of view,elaborated the constitutional oath procedure the concrete way:according to the occupational characteristics of each sworn subject,a pluralistic oath mode is formed;We will improve the procedure of the constitutional oath,and unify the specific aspects of time,place,dress,host,and oaths;construct the responsibility mechanism that violates the oath,supervise the behavior of the swornperson,and strengthen the effect of the oath of the constitution.