Understand the current constitution from the perspective of national construction
August 24, 2022 09:08 Source: "China Social Sciences" August 24, 2022 Total 2477 Author: Chang'an

Studies in constitutional studies,Often starting from the definition of the concept of the Constitution,At the same time, it is carried out around the text constitution;,Different high and low ",For the same constitution,Based on different research perspectives,It may also draw different conclusions。The Constitution is the centralized statement of citizens' basic rights and authoritative announcements,Regulations on national institutions in the Constitution,is to better protect the basic rights of citizens,This is the interpretation of the Constitution from the perspective of rights; protect the basic rights of citizens,The villain that needs method,No relief if there is no right,So,Judicial power must have an important position in a national constitutional system,This is the interpretation of the constitution from the perspective of judicial power。Different perspectives above also reflect the characteristics of the design of modern constitution。This article intends to take my country's current constitution as an example,Put forward another perspective of understanding the constitution -Bet365 lotto review National Construction,and use this to give the attempt methodology understanding on some of the content in the current constitution。

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State construction was originally a concept of political science,The scope of general discussion is mainly concentrated in sovereignty、Build an effective national governance system、Improve national ability、Promoting national identity and other levels。its core meaning,lies in consolidating the political community of modern country。Su Li's constitutional research on classical China,and its Congress -Peasant Alliance、Contemporary constitutional research from the perspective of modernization,In a sense, it can also be regarded as a constitutional study research in the sense of national construction。But Su Li is more understanding the country's construction from the perspective of political practice opposite the constitutional text,The text analyzed is also concentrated in political history materials,Not much attention to the current constitution。

But in modern countries,The Constitution of Chengwen is the general charter of the country to govern the country、As the fundamental Dafa,It is impossible to directly restrict or even stipulate the stability bet365 live casino games of the political community of the country in its constitutional text、clan、Population factors,and the major that must be cope with the basic political and legal system of one country、Long -term、Fundamental questions are familiar with。On the contrary,It needs the political consensus of the people of the country for these major issues,Method of constitutional power,Documented in the Constitution,and via this specific record,to shape and strengthen the basic understanding of these major political propositions and the constitutional loyalty obligations for the consolidation of the political community。Take the current constitution as an example,Its preface、National Agency、Administrative Division and other related content,can be demonstrated from constitutional power、System supply of national governance、Interpretation of the national construction level of national construction。

  The connotation of the national construction of the current Constitution

First of all, the preface of the Constitution。Discussion on the preface of the Constitution in the academic community,The legal effect of most concentrated on the preface of the Constitution in the past、Judicial attributes, etc.,In the late late late, some scholars are paying attention to the historical narrative of the constitutional preface of the socialist country、Uniqueness of the time agenda。Preface to the current Constitution,It is "the Chinese people are independent of the country since modern times、National Construction History of National Construction with National Liberation and Democratic Freedom,It is a summary of the gains and losses of national construction experience since the founding of New China,It also shows the goals for future -oriented national construction。

"1949,The Chinese Communist Party led by the Chinese people with Chairman Mao Zedong,After experiencing long -term difficult tortuous armed struggles and other forms of struggle,Finally overturned imperialism、The rule of feudalism and bureaucratic capitalism,Great victory of the new democratic revolution,Established the People's Republic of China。From this,The Chinese people have the power of the country,Become the owner of the country "。This paragraph is in the way of the country's fundamental Dafa,Answer where to answer modern China、What way to form the origin of the origin of Chinese countries。The first paragraph of the current constitutional preface was "China is one of the oldest countries in the world。The people of all ethnic groups in bet365 live casino games China have created glorious culture,The opening chapter with a glorious revolutionary tradition,Cleptication of China as a "unified multi -ethnic country"、The "historical China" foundation that has not fallen apart in modern times。Preface Sixth paragraph,Records are many major events and achievements in the country's construction after the founding Bet365 app download of the People's Republic of China;,It is mainly focused on national tasks and related guarantee conditions for realizing national tasks。One of the important reasons formulated by the 82nd Constitution,The original Seventh and Eight Constitution "" Due to the restrictions of historical conditions and the huge changes in the situation since then,Many places are already not suitable for the current needs of political economy and society and the people for building modern countries "; therefore,It must be "fully mobilized all positive factors,Give full play to the superiority of the socialist system,Accelerate the development of the four modern construction cause,Need to make a systematic modification of the Constitution "; so,In the tenth paragraph of the preface,Standards the patriotic united front、Section 11 stipulates the national policy of a socialist country、Section 12 stipulates an independent foreign policy,It is the August 2nd Constitution aims to mobilize all positive factors,Provide a solidarity for socialist modernization、Harmony、Stable domestic and foreign environment。

Followed by the State Institution Terms。We often say "The Constitution is a paper with the right to the people",The purpose of formulating the constitution is to safeguard the basic rights of citizens; but only in the form of the country's fundamental Dafa,Standardize and restrict national institutions,Ensure that national institutions and state power can operate efficiently without harming people's rights,It is the key content that modern countries must consider national construction through the Constitution; it can even be said to,State Institution Terms,In fact, the system supply function of national construction is actually exerted。

Take the current constitution as an example,State Institution Terms,In terms of the number of terms,accounted for more than half; and according to Peng Zhen、Wang Hanbin and other responsible persons drafted by the current Constitution、Chronology and Memory Text of the Cerebrate,The focus of the dispute at that time,Many also in terms of the terms of national institutional terms,The "Report on the Draft Revision of the Constitutional amendment Bet365 app download of the People's Republic of China" by Peng Zhen, deputy director of the Constitutional amendment Committee,"The draft has made many important new rules for national institutions"。The People's Congress system is the fundamental political system of my country,How to adhere to and improve the system of the People's Congress、Give full play to the role of the National People's Congress as the highest state authority,It is essential for the operation of my country's national power; therefore,The current constitution stipulates that "the National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power";、There is the right to "during the closing period of the National People's Congress,Partial supplements and modifications of the laws formulated by the National People's Congress,But it must not be confused with the basic principles of the law "; in addition,,The current Constitution has also given the National People's Congress Standing Committee during the National People's Congress to exercise the review and approval plan、Budget adjustment、The right to decide on appointment and removal。At the same time,The current Constitution is also on President of the State、State Council、The Central Military Commission and other national institutions have conducted detailed regulations; when the constitutional amendment was amended in 2018,In the national institution, the "Supervision Committee" is added as seventh section。In a sense,,It is because the constitution is the national construction functional attribute of this national construction of Dafa,Regulations on state agencies have become the main content of the constnisted constitution,Even the "Constitution can have no preface pointed out by Cai Dingjian、General Outline,It can even do not stipulate the basic rights and obligations of citizens,But it cannot be stipulated by the state institution "。

Once again is the Structure of the Structure of the Structure。Among the many terms of the central and local relations of one country,The national structure of the national structure does not seem to be fashionable,But the terminology of a typical Marxist constitution such as a national structure,In fact, compared to central local relations、Local Autonomy、Local system、The concept of the central relations involved in a central government in one country,It is better to reflect the importance of the construction of a unified multi -ethnic country of socialism。The Structural Structure Terms of the Constitution of the Constitution,It is reflected in the spatial Bet365 lotto review dimension of national construction。

Take the administrative division band model as an example。Administrative division of a country,On the surface, it is a technical problem,But actually,It is precisely the political efforts of the sovereign state for the integration of its internal countries。For a multi -ethnic country,How to establish、Consolidation of citizens of different ethnic groups within many nation -nation countries to identify with their countries,It is also a major theme that must be considered and faced in its national construction。So,In multi -ethnic countries,Constitutional and institutional arrangements for national affairs handling,Not only the protection of ethnic minority rights、The category of the special local institutional level,It needs to be grasped from the height of the country。In the current constitution,The terms involved in the nation are close to one -fifth,This is the typical manifestation of the basic national conditions of a unified multi -ethnic country in the constitution; but we must realize,Unification is the basic premise,Multi -ethnic groups are specific features; understanding of the autonomy of the ethnic regional autonomy in the constitution,It also needs to be placed under this basic premise; ethnic regional autonomy,It must not be simplified as "national autonomy",Instead, it contains ethnic factors,It also includes regional factors。Taiwan Questions in the Preface to the current Constitution、Special Administrative Region System in Article 31、Article 111 The grassroots mass autonomy system and other content,It is also the embodiment of the national construction space dimension; Taiwan issues are listed separately,As pointed out by the strong world,It is not just a political event,It is also an ideological event,Not only involves the internal affairs of unification and division, but also international issues of the rise of China and the world structure,It also involves whether the Chinese civilization can revive human future in the future ",It is a symbolic event that is related to the "realization of the great rejuvenation of the Chinese nation"; in the constitutional text arrangement,Special Administrative Region system follows the administrative division,It is also the national structural attributes of this national structure form of the special administrative division system; while the grassroots mass autonomy system,In the background of urbanization,It may have to think about how to face the proposition of the community。

  The significance and limit of the perspective of the national construction

Bet365 lotto review National Construction,In addition to the improvement of the rigid governance system and the integration of national structure,It also needs to pay attention to the flexible side bet365 live casino games of the political community members' identification with the political community。About national history in the constitution、Narrative of the National Goal,Regulations on the basic rights of citizens,related content of the national symbol,In fact, they all bear the national identity and shaping function。

Taking the national symbol of the national symbol as an example,The current Constitution Chapter 4 "National Flag、National Anthem、National Affairs、Capital "regulations,Although not much attention in previous constitutional studies,But if you review from the perspective of national recognition,It also has an indispensable significance。Even the Mandarin Terms in the current Constitution,The Constitutional Circle has used the rights of ethnic minority language in the past、Discussion on the perspective of the protection of dialect rights,About language security、Discussion of Language Politics,Most of the language scholars and political scholars,But the Mandarin Terms in the Constitution,It is also necessary to study from the perspective of national construction。At the national construction level,Mandarin clauses in the Constitution In addition to emphasizing the promotion and popularization of national language, it has improved the level of people's science and culture、Promoting actual functions such as economic and social exchanges in various regions,There is also a function that cannot be ignored: Mandarin clause itself reflects the symbol function of national sovereignty and national dignity。

But you must point out,Reveal the national construction dimension of the constitution,It does not mean that it is necessary to dilute other perspectives,Especially the perspective of rights。Similarly in the above -mentioned Putonghua terms as examples,Promotion and popularization of national general language,In fact, it is also the right to educate citizens、Labor right、A guarantee and manifestation of cultural rights。and rights protection itself,It is an important channel for a political community to win its political identity,So,The Constitution is only regarded as a guarantee of citizen rights。

At the same time,Perspective of this country's construction,Not a pure political scientific research,The fundamental system of a country must be with a country、National Tody、Government combination。Taking the national construction process records in the current constitutional bet365 best casino games preface as examples,In fact, it also needs to be combined with the perspective of the fundamental system of the socialist system.,Socialist way,Realizing the old states of the country that has been full of internal and external problems in modern times。So,Whether it is the State Institution Terms,Struggle for the form of national structure,Also restricted by the fundamental system of the socialist system。

Perspective of this country's construction,It also needs to be combined with the perspective of history。History means a specific space -time background,It also means continuous shaping。Understanding the meaning of the country in the constnisted constitutional terms,and it is a record of an epic as a political community.,All need to be supplemented by historical dimensions,Of course,This historical dimension,It also has higher requirements for the expansion of researchers research。On the occasion of the 40th anniversary of the promulgation and implementation of the current constitution,We may need a more political perspective and a more open constitutional research material consciousness。

  (The author is a professor of Human Rights Research Center of Northwest University of Political Science and Law)

Editor in charge: Chen Jing
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