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On the habits of constitutional faith

Author: RaoGuanJun From: www.yourpaper.net Posted: 2010-06-24 12:58:59 Read:
papers Keywords: Constitution Constitution the belief Constitution faith develop
abstracts: to shape universal laws faith is the only way to achieve national rule of law. Our Constitution as the fundamental law of the country, this should be the highest legal authority and judicial applicability practice often become a "castle in the air". The main reason is that our country does not develop in the referendum in the Constitution faith. Therefore, Yang Shu citizens' constitutional faith is extremely important. This legal activity is the belief in the subject and object interaction faith, it is necessary to enhance body awareness and the concept of right of citizens, but also to work out a good constitution.
A development and improvement of national legal systems, not only is to develop a good law, also need to establish the authority of the law, the law, especially the Constitution there is the heart of worship and faith, so you abide by the Constitution and laws become the unconsciously, has truly establish the legal authority and the authority of the Constitution. As the French thinker Rousseau said: "The most important one of all: this law is neither engraved on the marble is not etched in copper on the table, but etched in the hearts of citizens within; formed the country's true Constitution; every day new strength ....... " So, at this stage of the rule of law in China has made significant achievements, scholars are worried about the "lack of belief in the support system of law even if enacted more acculturation after all, not a kind of national spirit, which can not support a to the rule of law as the ultimate goal of the reform's success. " The Constitution of our country that is in such an awkward position: lofty but non-essential, the key is that our constitutional beliefs do not develop.
China did not develop constitutional faith
At this stage the lack of constitutional faith, has affected the further improvement of the rule of law in China. The embarrassment of the constitution without constitutionalism profound reflection of our long-standing negates constitutional beliefs develop fundamental reasons:
Chinese traditional ideology and legal culture (a)
In the the Confucian ideology boot, the traditional Chinese society, the clan system as the core, the most important aspects of society, including internal Confucianism, ethics ideological factors, as well as external authoritarian regime, social hierarchy system factors, are all closely related to the ancestral clan system naturally affect the generation and development of national laws, such as the law of the parents, the patriarch of the confirmation of the entity privilege and litigation privilege, and ultimately enable people to form a respect for authority mentality and habits of blind obedience to authority, is now mainly the people fear the government and its staff and rely heavily on the administrative authority, the contrary is a distrust of the legal system and disregard for the judicial authority. Rulers are in fact also attaches great importance to the use and development of the law, ancient law "law that criminal law will mean that the criminal law and punishment, even in some of the areas of civil and economic, criminal law and punishment involved which originally civil legal regulation of social relations are branded "criminal" imprinting, and abuse of the legal phenomenon of widespread and brutal, but also makes people fear the "Act" this monster, disgust and even rejection psychological, combined with China has been the lack of constitutional culture constitutional spirit, and thus unable to develop citizens' constitutional beliefs.
(b) of the current constitution is not perfect
First, the nature of the Constitution to recognize deviation exists. Chinese scholars have focused on understanding of the Constitution has long been the ruling class maintains ruled Tools, and from a political point of view of the Constitution as a symbol of the country, highlighting the importance of form constitution for the country, while ignoring the true values ??of the Constitution understanding. Fan Zhongxin has pointed out: "As he said the concept of the law, in essence, that the law is national force to ensure the implementation of codes of conduct established or approved by the State, is a manifestation of the will of the ruling class, the legal tools to critique class rule tool, a means to adjust the relationship between the interests of all sectors of society. jurisprudence has amended this definition, but some publicity and various legal test counseling, primary and secondary school textbooks, the legal knowledge, but also adhere to these allegations. "instrumentalism implicit certainly legal tools at the same time, the control law, thereby weakening the value and status of the law, and that the formation of such a constitutional concept: the Constitution is the total of the country and bringing peace charter, can be modified, as long as it is conducive to the contents of the "country" and "Ampang" all written into the Constitution. Under this mindset, the ultimate faith or people, rather than legal.
Secondly, our Constitution exist for a long time too many programmatic declaratory provisions with substantive meaning the provisions too few, too much use of the literary life of words and modified, the lack of a rational and precise legal language. However, the light beautiful ideals and the Universal Declaration of no practical interest protection, the Constitution is not respected by the people.
Third, the Constitution may not fully reflect the requirements of the times. Whenever enactments are inevitably lag behind the actual Constitution as well, resulting in a lot of legal techniques to compensate for this deficiency, such as a constitutional amendment, interpretation of the Constitution. China's rapid social change, inevitable requirement for the legal system and their corresponding. Constitution as the fundamental law, the stability of course, is the source of its authority, but the face of profound social change, the Constitution also had some fundamental changes to respond, or not the character of good constitution. Our Constitution has been several important changes, in particular, the 2004 amendments on issues such as human rights, private property, land expropriation and requisition a new clinic release. Although the issue of the right of movement, the right to strike, marriage and family, as well as freedom of expression is still not fully deal with the reality, but in the end has given great encouragement scholars gave ordinary people a lot of confidence.
Fourth, the Constitution of the lack of effective interest-oriented content. Best judgment as to maximize their own interests in the relatively scarce resources of the world, people must have the natural tendency of the benefits or reduce the evils. Guide for such an interest must also be reflected in the Constitution, such as the 2004 amendment to increase the legal protection of private property, but on the whole is still insufficient.
Fifth, in reality, ignoring the publicity of the Constitution, the statements were made on behalf of the law, rely on the existence of the policy act in such phenomena have an impact on the authority of the Constitution, digestion Constitution faith. The final barrier - the judiciary, the Constitution does not give as a law directly with the actual effectiveness of the protection of civil rights, the Constitution to protect the rights and maintain social order and feeble. Thus people pay more attention to the impact of the specific legal to own, as a the parent law the Constitution but was shelved. The Constitution is the only one written on the paper of the rights of the people ", it is unable to fulfill the commitments of the people.
Second, how to develop the citizens' constitutional faith
People are rational, there is no any authority other than the people themselves. But some public domain, the existence of the authority necessary exceptions, because its authority from human reason itself, it was recognized that an authoritative premise is that it must have legitimacy. The constitution must also have its legitimacy. At the legitimacy of the premise of the Constitution the beliefs gradually develop the process, the process of the interaction between the citizens and the Constitution as the Constitution faith body.
The main body of the (a) of the Constitution of faith citizens
Constitutional beliefs develop from the main point of view, should focus on strengthening the subjective consciousness of citizens, and their feelings of constitutional values, identity, and thus enhance the citizens' law-abiding spirit. Subjective consciousness of the citizens' consciousness of the citizens of their rights and status in a state governed by the rule of law, it makes citizens aware of the fact that the people are the masters is the core of the socialist democratic politics. Subjective consciousness of citizens, including citizens' awareness of their rights, the sense of participation, the sense of equality. "The principal part of the consciousness and means fully reflect the universal respect of human dignity and personality by society, This leads to the concept of individual rights." Rights Law kernel, not the rights of the requirements of law can not and the law desire. Enhanced awareness of rights lead to the understanding of the law and the recognition of its value, is conducive to the the people legal beliefs growth; the contrary, the law of faith will also promote the expansion of people's awareness of their rights, which in turn promote the enhancement of the awareness of the law. The Constitution and the laws of the development process, must be the protection of the rights by focusing on national, collective, various social organizations, go to the protection of private rights of natural persons, legal persons and other up, advocacy and establishment of social relations as the core rights, this constantly enhance people's awareness of their rights and legal conviction, which is one of the foundations of the constitutional faith. Meanwhile, maintenance and protection of the rights of citizens, the Constitution also further strengthen the awareness of the rights of citizens. That is because The Constitution reflects people to the highest value of the pursuit, and the fundamental law of the country as a carrier, as a protection to the highest legal authority, it exists a value basis of people believe in it. Citizens is through the feeling and recognition of constitutional values, to form the rule of law perspective and constitutional beliefs. Visible, faith in the Constitution is in the final analysis is based on the Constitution embodies the belief in the value of the main pursuit, and to help them realize their values ??and ideals. In addition, the Constitution of faith is not a slogan, but a real kind of social and legal phenomenon, reflecting the respect for and observance of the citizens of the Constitution. From the heart performance, to cultivate the spirit of the citizens' law-abiding, and that citizenship is based on the recognition of the intrinsic value of the Constitution and the spontaneous formation abide by the Constitution, maintaining the driving force of the Constitution, from the heart as abide by the Constitution for the moral conscious subjective concept. Only in this way, the Constitution faith can really establish.
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