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Jiangsu Shentong: (II) of Series of Publicity Activities for "12.4" National Constitution Day in 2017
Release time:
2017-12-21
The 19th National Congress is an important milestone in the implementation of China's Constitution.
Source: "Legal Network" special commentator
December 4 is our fourth National Constitution Day. The establishment of the Constitution Day is of great significance to enhance the constitutional awareness of the whole society, carry forward the spirit of the Constitution, and comprehensively promote the rule of law and the rule of the country in accordance with the constitution. Of course, if the concept and spirit of the Constitution really take root in people's hearts, it also depends on the effective implementation of the provisions of the Constitution in social life. The Communist Party of China has always attached great importance to the construction of the rule of law and played an important leading role in the implementation of the Constitution. The 19th National Congress of the Communist Party of China has put forward many measures, which provide institutional and ideological guarantees for the implementation of my country's constitution, and are important milestones on the road of governing the country according to the constitution.
First of all, the constitutional review system is an important prerequisite for the implementation of the Constitution. In order to promote the implementation of the Constitution, most countries in the world have established a constitutional review system in line with their own national conditions, through a set of effective mechanisms to correct the normative documents and specific acts that violate the Constitution. In the report of the 19th National Congress of the Communist Party of China, General Secretary Xi Jinping clearly proposed to promote constitutional review. This is the first time that the Communist Party of China has introduced the concept of "constitutional review" in the party's authoritative documents. With the improvement of the constitutional review system, the "teeth" of the constitution have become sharper, and the life and authority of the constitution can be better protected.
Secondly, the leadership of the Communist Party of China is the political guarantee for the implementation of the Constitution. the party's leadership, the people being the masters of the country, and the rule of law are a unified whole. The Communist Party of China is the representative of the people's interests. The Constitution and laws are formulated by the party under the leadership of the people. Its fundamental purpose is to protect the basic rights of citizens, and the basic rights are the expression of the people's interests at the constitutional and legal levels. Therefore, the core of improving the socialist rule of law lies in the leadership of the party, and strengthening the leadership of the party can effectively promote the implementation of the basic rights provisions in the constitution. It should be noted that although the Constitution and laws are formulated by the party under the leadership of the people, the party must act within the scope of the Constitution and laws, and only when the ruling party takes the lead in abiding by and implementing the Constitution in an exemplary manner, can other parties, organizations and the broad masses of the people be effective and consciously abide by and implement the Constitution. This point is also put forward as a key content in the report of the 19th National Congress.
Third, the constitutional awareness of citizens is the ideological condition for the implementation of the Constitution. The implementation of the constitution is the condition for the emergence of citizens' constitutional and legal consciousness, and citizens' constitutional and legal consciousness also has an active reaction to the implementation of the constitution, which promotes and presupposes each other. The report of the 19th National Congress of the Communist Party of China pointed out that it is necessary to increase the popularization of the law by the whole people, build a socialist culture of the rule of law, and establish the concept of the rule of law that the constitution and the law are supreme and everyone is equal before the law. Only by strengthening citizens' awareness of the Constitution and the law can we create a social environment that abides by the Constitution and the law, and a good law-abiding environment will also strengthen citizens' awareness of abiding by the Constitution and the law.
Fourth, the supervision of the state's public power is a means of constitutional implementation. An important mission of the Constitution is to protect the basic rights of citizens by controlling the public power of the country. On the one hand, the Constitution sets limits for the exercise of state public power to prevent it from trampling on civil rights. On the other hand, it stipulates the positive obligation of state public power to protect the basic rights of citizens. The report of the 19th National Congress of the Communist Party of China pointed out that no organization or individual shall have the privilege of surpassing the constitution and law, and it is never allowed to substitute words for the law, use power to suppress the law, pursue profits, violate the law, and bend the law for personal gain. For the exercise of public power of the state, "it is prohibited if there is no provision in the law". The exercise of any power must be based on the authorization of the law, and there is no power other than the constitution and the law.
Fifth, adhering to the road of socialist rule of law with Chinese characteristics is the direction of the implementation of the Constitution. The report of the 19th National Congress pointed out that China should adhere to the road of socialism with Chinese characteristics. The formulation and implementation of the Chinese Constitution is a core component of the road to socialism with Chinese characteristics. Due to different national conditions, no country has the same constitutional system and its implementation. In the process of implementing the Constitution, China was influenced by Western legal thought, and some constitutional concepts that were not in line with China's actual situation were introduced. Some scholars even used Western standards and Western constitutional theories to evaluate and solve China's constitutional problems without discrimination. However, China is a socialist country, and China's fundamental political system and basic political system are different from Western countries. This actual situation determines the uniqueness of the implementation path of China's constitution and the inability of Western experience. Therefore, in the process of implementing the Constitution, we should pay attention to the summary of China's constitutional implementation experience and the reflection on China's own problems, and then carry out the necessary institutional innovation in the light of China's specific national conditions.
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