General Secretary Xi Jinping pointed out in the article "Compilation of the new chapter of the Chinese Constitution Practice in the New Era -the 40th Anniversary of the Implementation of the current Constitution":、Academic System、Construction of discourse system,Consolidating the guiding position of the Chinese Constitution theory in the education of the rule of law in my country。"Three Systems" Constitution of Constitution as the basic project of the construction of the "three major systems" of the law,Law education and legal research in the new era is of extraordinary significance。
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The construction of the "three major systems" of the Constitution of the Constitution of Chinese Characteristics is both the ideological project of theoretical shape,It is also a action engineering created in practice,Is a complex system engineering,Scientific theory must be used as the foundation and guidance,Can it be stable and far away。This theory is Xi Jinping's thought of rule of law。"Persist in governing the country according to the constitution、Rule of Ruling according to Xianxian "as an important part of Xi Jinping's" eleven persistence ",It is the key task of comprehensively governing the country in accordance with the law。Since the 18th National Congress of the Communist Party of China,General Secretary Xi Jinping published a series of important discussions on the Constitution,Not only cover the nature of the constitution、Development history、Value function and other basic theoretical principles,Also through constitutional modification、Implement、Supervision、Publicity and other series of practical links,It also responded to "the party from the party or the law", "whether there is a solid mode of rule of law in the four seas", "Western constitutional government、Sanquan Dingli、Whether judicial independence applies to major political issues such as China,Science answers what kind of concept should be adhered to in the new era、How to adhere to the correct concept of constitutional concept and other major theories Bet365 lotto review and practical issues,Determination high、Explaining refinement、Deep thoughts,Further deepening and developing the theory and practice of socialist constitution with Chinese characteristics。Promoting the construction of the "three major systems" of constitutional studies with Xi Jinping's rule of law as a guidance,One aspect,It is necessary to promote Xi Jinping's thinking of the rule of law, especially General Secretary Xi Jinping's academic interpretation of the important exposition of the Constitution、Academic expression、Disciplinary integration; on the other hand,The constitutional constitutional subject system of Chinese characteristics should、The academic system and discourse system are fully included in the guidance of Xi Jinping's rule of law for overall integration and system construction,Methodism consciousness of constantly showing Xi Jinping's thinking of the rule of law。
Deeply grasp the historical gene of Chinese constitutional studies
The Constitution is the product of the development of political civilization。History is a mirror,Jian Gu Zhijin,Study history。Looking at the development of the world constitution,The constitution of a country must be rooted in the history and culture of the country。Promoting the construction of the "three major systems" of the constitution of Chinese characteristics must understand the history of Chinese history, especially the development of Chinese constitution,Sort out from the change of the Chinese Constitution to sort out constitutional words with Chinese characteristics、Concept of Constitution、Constitution Thought、Constitution spirit、Constitution Principles、Generation logic of constitutional rules,Grasp the previous life of the Chinese Constitution and the ins and outs of the dragon,Insight the trajectory and development law of the Chinese Constitution,This is an inevitable prerequisite for constructing the "three major systems" of the constitutional constitutional studies。General Secretary Xi Jinping deeply pointed out in the speech at the 30th anniversary conference of the current constitutional announcement of the current constitution in all sectors of the capital: "Looking back at the development process of the constitutional system of our country,We feel more and more,The hard work of the constitution Bet365 lotto review and the people of the Chinese Constitution and the people is closely linked to the brilliant achievements of creation,The advanced road developed by the party and the people is closely linked。"The Chinese Constitution is the crystallization of the results of the party's hard work.,It is also a Chinese revolution、Summary of the experience of construction and reform。The current constitution begins with historical narrative,Fully show the respect of the Constitution for history,This is the historical basis for the construction of China's constitutional system,Zhao shows that the Chinese Constitution has a unique foundation different from the constitution of other countries in the world,It is also a cognitive prerequisite for the construction of the "three major systems" of the constitution of Chinese characteristics。
Promoting the theoretical autonomy of Chinese Constitution
Theoretical autonomy is the cornerstone of constructing an independent knowledge system。Chinese Constitutional Theory is self -telling the story of Chinese Constitution、Promote the Chinese Constitution System、Demonstrate the endless source of self -confidence in China's constitution。
First,Deepen the theoretical origin of Chinese Constitution。Chinese Constitutional theory is an important part of Chinese law theory and the theoretical system of Chinese rule of law,Its theoretical origin is mainly: the constitutional ideas of Marxist classic writers; the concept of the constitutional concept formed by the Chinese Communists in the practice of rule of law; Xi Jinping's thought of socialism with Chinese characteristics in the new era,Especially General Secretary Xi Jinping's series of important discussions on the Constitution。These thoughts、Views and discussions are the theoretical sources of Chinese Constitution,Is the magic weapon of autonomy and theoretical self -confidence of constitutional theory with Chinese characteristics。With the continuous advancement of the Sinicization of Marxism,Constitution of Constitutional Studies Theory of Chinese Characteristics will be rich,The source of living water to guide the practice of Chinese constitutional rule。
Next,Comprehensively constructing the theoretical system of Chinese Constitution。The theoretical system of Chinese constitutional studies includes both research objects and research bet365 Play online games methods of constitutional studies、The emergence and development of Chinese constitutional studies、The basic principles of constitutional studies such as the classification and characteristics of constitutional studies,Also includes constitutional body theory (constitutional concept and essence、constitutional relations and specifications、Constitution effectiveness and role, etc.)、Constitution theory (Constitution modification、Constitution Implementation、Constitution Explanation、constitutional supervision, etc.)、 National System (fundamental system、Basic System、Important System, etc.)、Basic rights of citizens (equal rights、Political rights、Religious belief freedom、Personal freedom、Social and economic rights、Cultural and Education Rights、Supervisor and Request rights) and obligations (comply with the Constitution and Law、Maintain national unity and national unity、Maintain national security、honor and interests、Serving military service according to law、Taxation, etc.)、National Agency (National People's Congress and its Standing Committee、"One House, One Committee, Two Hospitals", etc.)、National logo (national flag、National Anthem、National Affairs、Capital) Basic theory of constitutional constitution,Based on the practice of China's constitutional rule、Organic unity of scientific theory and theory based on Chinese constitutional text。
Last,Fully show the theoretical charm of Chinese Constitution。Theoretical autonomy does not mean theoretical self -sufficient,Not the self -enrichment and negativeness of the lonefang,Instead, strengthen dialogue and communication with constitutional studies with countries around the world on the basis of theoretical self -confidence,The theoretical charm of the constitution of Chinese characteristics in the comparison with the world's civilized countries。General Secretary Xi Jinping deeply pointed out in the keynote speech of the Chinese Communist Party and the high -level dialogue of the world party.,"Adhere to civilization and equality、Mutual Learning、Dialogue、tolerance,Exchanges with civilized exchanges beyond civilization barriers、bet365 Play online games Civilized mutual learning beyond civilization conflict、Civilized tolerance beyond civilization superiority "。Constitutional theory as an important part of law and the theory of rule of law,It is an important content of political civilization,The communication and dialogue of constitutional theory is a manifestation of the exchange and mutual learning of political civilization。Dialogue and exchanges through constitutional theory fully show the theoretical charm of Chinese constitutional studies,It must be based on a deep understanding of the spirit of the Chinese Constitution、Precise interpretation of the Chinese Constitution Code、Comprehensive interpretation of the Chinese Constitution、The correct application of Chinese constitutional methodology。So,Both confidence to publicize the theory of Chinese Constitution,There is also confidence to distort、Idraphon、The words and deeds that attack the Chinese Constitution "Say No"。
Forging practical character of Chinese Constitution
One,Constitution needs to be developed and perfect。The current Constitution is the formation of the party leading the people in the long -term hard work practice,continuously developing in new practice。In response to economic and social development,The current constitution has passed through 1988、1993、1999、2004、5 corrections in 2018,Adapt to changes in the times,Show the strong vitality of the constitution。Especially entering the new era,Deeply changes in the national power system、Deep adjustment of economic and social structure、Social contradictions such as profound changes and other new situations and new practices have a urgent need to modify and improve the Constitution,"Leaders of the Communist Party of China" entered the body of the Constitution、"Supervision Committee" officially appeared on the constitutional stage、"Ecological Civilization" into the constitution, etc., all interpret the practical character that keeps pace with the times of the Chinese Constitution。
Its two,Constitution needs to deeply root the hearts of people。The Constitution cannot be the exhibition of the pavilion and the cold provisions,Instead, we must enter the home of ordinary people in the in -depth practice。Since the 18th National Congress of the Communist Party of China,Constitution bet365 Play online games Propaganda and Education Work has been guaranteed and promoted by the constitutional mechanism.,For example,Established December 4 as the National Constitution Day,Promote the spirit of the Constitution in the whole society; establish a constitutional oath system,State staff of inspiration and education loyal to the Constitution、Follow the Constitution、Maintaining the Constitution; etc.。Future,Should be in the agency、School、Community and other main positions,For party members and leading cadres、Civil servant、Children and other key groups,Through the Constitution Commemorative、Constitution Oath、Constitutional textbooks and other verses,Continuously consolidate the long -term mechanism of constitutional publicity and education,Constantly improving the influence and persuasiveness of China's constitutional theory and practice。
Its three,Constitution needs to be fully implemented。"Acts is not enough to yourself",The comprehensive implementation of the Constitution includes both the spirit of the Constitution、Constitution System、Constitutional principles and constitutional rules,It also contains constitutional modification and improvement、Constitution Explanation、System Promotion of Constitution Supervision,Implementation effect depends on the constitutional review of Chinese characteristics、The establishment of the filing and review system is established and effective,It is to maintain constitutional authority、Important ways and key grasps for ensuring the implementation of the Constitution。The constitutional review system is to promote the comprehensive implementation of the constitution、An important guarantee for maintaining the unity of the country's rule of law。Since the 18th National Congress of the Communist Party of China,Constitution review、The construction of the filing review system has made breakthrough progress。For example,In the formulation of the Supervision Law、Constitution review when modifying the criminal procedure law and other relevant laws,Proper treatment of following the constitutional provisions and the principles of the constitution,Carefully study and properly handle the constitution in the filing review work、Constitutional Bet365 lotto review Questions,After review by the relevant legal work institutions, the processing opinions are proposed;。Future,The institutional system should be further improved to ensure the comprehensive implementation of the Constitution,Strengthen and improve constitutional review and filing review system、Capability and Quality Construction,Implement the Constitution Interpretation Procedure Mechanism,Make sure all laws and regulations、Policy system and behavior specifications conform to the spirit of the Constitution、Principles and regulations。
(The author is a professor at Shenzhen University Law School)
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