Provide strong institutional genes for building China’s independent constitutional knowledge bet365 bonus code pa
March 12, 2024 11:02 Source: "Chinese Social Sciences Journal" Issue 2850, March 12, 2024 Author: Wang Xu

To build China’s independent constitutional knowledge system, we must have a local knowledge production mechanism,In order to avoid the "accumulation of dependency" in the production process of constitutional knowledge。The implementation bet365 bonus code pa Chinese Constitution and the mechanism to ensure the comprehensive implementation bet365 bonus code pa Constitution、Method,It is difficult to adopt a constitutional ruling model that focuses on case-by-case handling,And we must uphold the pivotal position bet365 bonus code pa People’s Congress as a power organ。How to cultivate institutional genes around the People’s Congress system、Observe practical logic,is the key for Chinese constitutional law to construct its own knowledge base。

From this perspective, The "Decision of the Standing Committee of the National People's Congress on Improving and Strengthening the Filing and bet365 bonus code pa System" (hereinafter referred to as the "Decision") issued on December 29, 2023 has important genetic significance for Chinese constitutional law。The "Decision" comprehensively reviews China's filing and bet365 bonus code pa system and practices since 2017、System integration,Outline and outline the profound institutional genes of China’s filing and bet365 bonus code pa practice,Contains the theoretical logic and practical logic of China’s constitutional knowledge independence,Provides knowledge clues for the systematization of more specific knowledge propositions and judgments。

First,The "Decision" implies the theoretical foundation bet365 bonus code pa "rule of law state principle" in the Chinese Constitution。Despite the constitutional provision that “the state safeguards the unity and dignity bet365 bonus code pa socialist legal system”,Similar to the principle of unity of law and order established by many countries,However, China’s principle of “unity under the rule of law” has two characteristics that require attention。

First, what we have established is that "the sources of effectiveness are diverse、Unified order in terms of effectiveness: China not only has a "legal system" with multiple sources of effectiveness,From the Constitution、Law、Regulations to regulations,Constitutes multiple levels、Multi-field effectiveness pyramid system,There is also a more complex "legal norm system",Covers a large number of norms outside the legal system,Such as supervision regulations、Judicial interpretations formed by the Supreme People’s Court and the Supreme People’s Procuratorate in the application of specific laws, etc.。Supervision regulations often have a transformation from intra-party regulations、Synergy,Reflects the characteristics bet365 bonus code pa unity of governing the country according to law and governing the party according to regulations;The judicial interpretations bet365 bonus code pa two high authorities often fill legal loopholes in fact、Developing the substantive role of law。In addition,We still have a complete system of intra-party regulations,It is an important part bet365 bonus code pa socialist legal system together with the "legal norm system"。This is not the same as the constitutional principle of “unity of source of validity” that is more prominent in many Western countries。

Second, China’s principle of unity of the rule of law must always face the governance wisdom of “unity of principle and flexibility” that must be possessed in super-large-scale national governance。This is also the fundamental reason why the Chinese Constitution and the Legislative Law must recognize the pattern of "multiple sources of effectiveness"。China as a unitary country,Adhering to the unified governance gene,But the national structure shaped by China’s constitution today far exceeds the form imagined by Western single nation-state theory。Therefore,We must adhere to the principle of democratic centralism、System of regional ethnic autonomy、Under special administrative region system and other arrangements,Special Economic Zone Regulations、Pudong New Area Regulations、Norms formed by pilot or authorized legislative decisions such as Hainan Free Trade Port Regulations,Attach importance to autonomy regulations、Single Regulation、Special Administrative Region Legislation and Other Regulations。The diversity of national governance determines the diversity of sources of normative effectiveness,This is the fundamental reason why the “Decision” clearly includes the above documents for filing and bet365 bonus code pa。This means that the most basic function of filing bet365 bonus code pa is in the dynamic standards of national governance,Always maintain the legal order of "diversity and unity",This contains the nature of China’s constitution、Lots of original knowledge such as status。

Second,The "Decision" contains the fundamental principles bet365 bonus code pa People's Congress system based on democratic centralism。China’s constitutional supervision system can only be established on the basis bet365 bonus code pa People’s Congress system。

First, it is necessary to ensure the full implementation of the Constitution、It can only be established on the basis of giving full play to the institutional stock of the National People’s Congress and its Standing Committee,But not in the supervision body、Method、Start anew in terms of procedures。The "Decision" established the General Office of the National People's Congress、Coordination between the special committee and the working body of the National People’s Congress Standing Committee、Cooperation,Basic working structure for jointly implementing the filing and bet365 bonus code pa work,And creatively proposed important mechanisms such as "communication and collaboration" and "joint bet365 bonus code pa meetings"。The "Decision" is based on the status of the power organs of the National People's Congress and its Standing Committee,Further clarification on active bet365 bonus code pa、Special bet365 bonus code pa of two systems with Chinese characteristics,Profoundly reflects the substantive constitutional status of the highest state power organ,Beyond the simplicity of Western academic theory to decentralization/centralization、before/after、Abstract/concrete classification is a formalistic bet365 bonus code pa method。

Second, all state agencies must form a joint force during the filing and bet365 bonus code pa,Use consistency rather than confrontation as the underlying logic。Through the "Legislation Law" and the "Decision", each party has been given the power to collectively exercise the right to initiate application bet365 bonus code pa、Application for bet365 bonus code pa rights;And urge centralized cleanup、Proactive correction、Correction according to opinions、Letter on suitability issues、Multiple bet365 bonus code pa and disposal methods such as making corrections or cancellation decisions reflect the "principle of constitutional superiority of state power agencies over other state agencies",This is consistent with the separation of powers in Western constitutional law、There are fundamental differences in the principles of state power allocation such as mixed constitutions。The "Decision" reminds the clarification of the transfer bet365 bonus code pa and joint bet365 bonus code pa system,reflects that China’s filing bet365 bonus code pa has the important function of institutional interface communication: it does not form a centralized bet365 bonus code pa mechanism from top to bottom in a single national agency hierarchy,But in state power agencies、Other state agencies、Distribution and coordination of bet365 bonus code pa powers among different institutions such as the party’s legal bet365 bonus code pa agency,Form a mechanism with clear jurisdiction and strong synergy,Fundamentally implemented the maintenance requirements for the "multiple but unified order of effectiveness"。

Third, China’s registration bet365 bonus code pa must be based on the profound connection between the theory of representation and the theory of democracy。Western constitution implementation theory has always faced the "counter-majority problem" due to the centralized establishment of specialized agencies,Moreover, due to the existence of the principle of free delegation, the legislative supervision carried out by the people without the help of representatives lacks presence and effectiveness。The "Decision" reflects the in-depth implementation of the People's Congress system and establishes the most extensive system、The most authentic citizenship application bet365 bonus code pa mechanism,Full display of the "organic democratic view" contained in the whole process of people's democracy。Citizenship application bet365 bonus code pa fully demonstrates that China’s democracy is not just reflected in the election scene,There is no preset representation gap in Chinese democratic theory,It also contains original knowledge that constructs the theory of Chinese representation。

 Third,The "Decision" shapes the fundamental logic of China's constitutionality bet365 bonus code pa principles。Registration bet365 bonus code pa does not equal constitutionality bet365 bonus code pa,But the most important significance of "Decision" is that it is comprehensive、Systematically constructs the theoretical key points of China’s constitutionality bet365 bonus code pa。

First, it clarifies the independent status of constitutionality bet365 bonus code pa in the filing bet365 bonus code pa。The "Decision" actually understands constitutionality bet365 bonus code pa as an independent bet365 bonus code pa content,And establish independent bet365 bonus code pa standards。This prevents "escape from legality standards" for various bet365 bonus code pa objects,After passing the legality bet365 bonus code pa,Constitutional compliance must also be tested through independent standards and procedures。

The second is to clarify the principle of full coverage of constitutionality bet365 bonus code pa objects。Different from the traditional Western constitutional bet365 bonus code pa theory,The object of constitutionality bet365 bonus code pa is not just the law,And covers the legal system、Various norms in the legal norm system and the rule of law system,Making the Constitution truly the fundamental law that ensures the unity of legal order,Contains Chinese-style substantive constitutional views。

The third is to clarify the standards for constitutionality bet365 bonus code pa。The "Decision" establishes "whether it violates the provisions of the Constitution、Constitutional principles、The three-element standard of “constitutional spirit”。Especially the clear presentation of the concepts of constitutional principles and constitutional spirit,Breaking through the formal constitutional view of constructing a constitutional order centered on the text of the constitution,Reflects the moral depth and semantic depth of the Constitution,Implementing the substantive constitutional view that is unified as "deterministic norms" and "best principles and meaning commandments",The concretization of the spirit of the Constitution enables the Chinese Constitution to provide the fundamental yardstick for the political community and social life through constitutionality bet365 bonus code pa。

Fourth, the method of constitutionality bet365 bonus code pa is clarified。The "Decision" formally proposed the concept of "constitutional issues",In jurisprudence, this is a profound reflection of an inclusive non-positivist position: it means that constitutionality bet365 bonus code pa is not a rigid one、Absolute judgment of right and wrong,Not a simple implicit reasoning,But distinguish between flaws and errors、Quality issues and non-quality issues、Contradiction to the Constitution and inconsistent with the Constitution、More practical reasoning structures such as tolerable constitutional conflicts and uninclusive constitutional conflicts。This presents the discussion that constitutionality bet365 bonus code pa should have、Debate、Practical rationality such as trade-offs,It will inevitably promote the high-quality interpretation and development of the Constitution itself。

"The Decision" contains the institutional genes for building China's independent constitutional knowledge system,Its introduction is an opportunity for China’s constitutional law to maintain integrity and innovate,Of course it also raises more theoretical problems。For example,How to target the legal system、Legal norm system and rule of law system,Develop different、More refined bet365 bonus code pa standards;The relationship between constitutionality bet365 bonus code pa and legality bet365 bonus code pa;Is there a strict order among the six key bet365 bonus code pa standards,Are there strict testing procedures?;How to understand the legal effects of special bet365 bonus code pa and centralized cleanup procedures,How to unify legal effects and social effects;etc.。These are rare theoretical bonanzas for Chinese constitutional scholars,Worth our further thinking and understanding。

(The author is a professor at the bet365 bonus code pa School of Renmin University of China)

Editor: Cui Bohan
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