August 31, 2011
constitution Law, administrative Law
http://www.csscipaper.com/D411
1999 01
Adjustment of the article that the Constitution is that people around the object country regime and the formation of society, and so, it is defined as organization, competition for state power activities occurring between people in the relationship system of legal norms Although the authors believe that this definition has some reasonable, but far from perfect, you can use the Establishment of the relationship.; Establishment of the program Thus, the authors further defined the Constitution to read: system of legal norms. Article that the Constitution is defined asEstablishment of the Public Relations Law: Constitution the new definition of the concept
Shude PengIn this article, we will explore the concept of constitutional issues
First, the traditional definition of the concept of the Constitution failed to reveal the essential nature of
give an accurate concept of the Constitution definition, is a very difficult thing. While constitutional scholars around the world under the Constitution had many definitions, but most unsatisfactory. Western scholars often cite the Constitution of the main issues as the definition of the Constitution. This method can only list as fully as possible constitutional scholars on their main, and difficult to exhaust all the world the basic constitutional issues. socialist China constitution experts, however, generally the Constitution is defined as: performance) While this statement than the list defined by Western scholars, tory burch outlet, has significant general and abstract, but attributes it to the general concept and definition of the concept as a derived attribute, can not reveal the nature of the constitutional concept of property, so that the definition of loss a reasonable and scientific. First, democratic, not a constitutional concept of the unique attributes, but all shared common law property. General sense of democracy in a modern society, any law embodies the spirit of democracy, democratic institutions are the corresponding areas of law, administrative law is a democratic system of administrative law, ghd planchas, corporate law is the enterprise of democracy of law, abercrombie ireland, and so on. If democracy refers only to political democracy, then democracy is the common property of all the political law, the Constitution is still not a unique property. Second, as the constitution of the class attribute, but with all the common law the general class attributes with no practical difference. China attaches great importance to the Constitution class scholars attribute from Lenin in the famous phrase, the new version of legal authority permissions, etc., all reflect the class struggle in the real comparison between the various forces, Cited in Li Guozhi:). Therefore, Third, despite the fundamental law of the Constitution is the Constitution of the unique nature of property but it is not the essential nature of the Constitution, but the essence of property derived attributes. In other words, is the first real constitution, fundamental law will have its status. Basic knowledge of logic tell us that things are not derived attributes essential attribute and leave alone to define, and therefore we can not animal
Second, the adjustment of the Constitution is that people around the object of state power and the formation of the concept of social relations
essential nature of things is reflected in the form of thinking, the concept is not things, but the nature of the object is a omfortable thing. The concept of the true nature of things is to correctly reflect the properties of the concept, and therefore the Constitution to give a precise definition of the concept, the key is to find and reveal the essential nature of the Constitution.
what is the essential attribute of the Constitution do? Clearly, the constitutional status of fundamental law, the legal effect of the highest nature, the legal norms of non-punitive, and so of course the unique attributes of the Constitution, but only the constitution of the derived attributes, rather than determine the existence of the essential nature of the Constitution. Apart from the essential attribute of the Constitution need to find these derived attributes, these attributes should not be a source of raw Constitution, we explore the essential nature of mind frame. In the past we always thought that the basic law, the general statute is constitutional, that the basic law is the primary, decisive and can not be replaced, but the constitution is just a basic law of another title only. So, we thought it was their imprisonment up, we had the Only get rid of
Constitution, the most critical factor is the existence of the constitutional adjustment of the object, which is the essential attribute of the Constitution exist. Constitution has no independent adjustment of the object? The answer is yes. Because, if there is no independent adjustment of the Constitution of the object, there is no independent constitutional departments. What is the constitutional adjustment of the object? We understand the simple reasoning, we can draw preliminary conclusions.
First, the inference can be drawn from the positive: the adjustment of the Constitution of the object is built around a series of state power and social relations occur. We usually refer to the provisions of the Constitution is the state system of government, national institutions and their powers, citizens basic rights and obligations of legal argument, in fact, not a strict argument. Constitution of the state system is by no means to adjust the object, and citizens rights and obligations of national institutions and other legal forms themselves, but by the form of these laws reflected the inherent relationship between people. In all political activities and national activities, the most essential thing is to state power, so that through the state system and national institutions, as reflected in the form of social relations can only be produced around the state power and social relations, state power is This social relationship can be generated by the core.
Secondly, thinking can be drawn from the reverse: the object is the Constitution narrowly on the adjustment of political relations.
assumptions of Proposition 1: the adjustment of the Constitution is the country relations, the Constitution is a national law. This proposition is actually a popular Soviet jurisprudence and deeply affecting new Chinese constitution academic point of view, this view there are still a large market. However, the extension of state relations is a very wide area, all with the economic base of the superstructure corresponding relations can be said that relations between countries, adjusting the relations between state laws often collectively known as public law. In addition, the constitution understood as national law, there are countries supremacists charm , gives the impression that the first national and state power, mbt shoes ireland, is supreme, and citizens and people is the second power bit, is attached to the state. Therefore, the constitutional relationship between the adjustment is the country not true. < br />
assumptions of Proposition 2: the adjustment of the Constitution of the object is in the usual sense of the political relations, the Constitution is the political method. Many constitutional scholars who hold this view, such as Mr. Gong Xiangrui is one of them. However, politics is still difficult to determine a meaning than the constitutional concept. Therefore, if we do not Ancient Chinese Thus, the Chinese in the Sun Yat-sen said: This interpretation is consistent with the sense we usually put the Today, in terms of our habits, so activities included. Marx, Engels In this sense, the use of They said: That requires political. Obviously, the usual sense of the scope of political relations is broad, it includes legislative relations, administrative relations, judicial relations and international political relations, etc., including many of the social relations. In these social relations, administrative law, administrative relations as the adjustment usually object as a judicial law judicial relations usually adjust the object, usually as an international political relations, international law to adjust the object, and therefore they should not object, but also the adjustment of the Constitution. Otherwise, constitutional and administrative law, judicial law, international law is not tied to the relationship between branches of law, but the department has the affiliation between the law department law and support the relationship. At this point, we can know, the Constitution is the usual sense of the political law said is not correct.TAG Tag: Property adjustment definitions constitutional concept of citizenship and political relations between our countries