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On The Political Rights Of Our Citizens

Posted on:2011-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:S Q WangFull Text:PDF
GTID:2166360302990029Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The Political rights of citizens should first analyzed from a legal point of view."Citizens" refers to the nationality of a country and in accordance with the country's Constitution and laws,rights and obligations of people.Citizen participation in government of "participation" shall have the meaning:To join(some sort of organization or activity):With the participation,involvement and in accordance with a certain degree of courtesy meeting,With a See,pay one's respects these two meanings."Political" interpretations are:governance of national affairs."Power" has:Can the power of control or command others,have the power;Authority;authority;military power;in power and should enjoy the benefits,has rights;rights;abstained;the human rights of these two means.Based on the above aspects,The Political rights of citizens is a natural person according to the Constitution have,through various channels and forms of governance of national affairs access to relevant information,and then added to the management of state affairs and the activities of a fundamental right.The Political rights of citizens has four attributes:First,The political rights of citizens is a citizen's fundamental right.The Political rights as a citizen's basic right to decide the citizens in the country's legal status;Right to political participation of citizens in social life, the necessary rights.The Political rights with a maternal nature,it can derive other general rights of citizens.With a stable and exclusive right to political participation,with people's citizenship can not be separated,which is not self-evident rights.Second,is a legal right to suffrage by constitutional and legal recognition and protection.The political rights has four important features:it comes from the provisions of legal norms,has received national recognition and protection;it is the interests of the rights guaranteed by legal means;It is the obligation associated with the concept of,in any legal relationship,one of the main enjoyment of legal rights,the other side of the main must bear the corresponding legal obligations;It determines the right to engage in conduct permitted by law the scope of rights in this context the purpose of asking people to realize their obligation to the performance of certain obligations are legal,and over this range is likely to be illegal or not legal protected.Third,the Political rights of citizens is a direct political participation rights.The Political rights is guaranteed by the state citizens may be directly involved in politics,political rights enjoyed by members of the ruling class is always the most important rights.The Political rights belong to the class to which a member of the class nature of the marks of a country determines the substance of the law and content.Citizens have clearly defined legal and political affairs,able to citizens to participate in the conduct of state affairs in a legitimate manner finalized and adopted various measures to guarantee the smooth realization of this right of citizens.Fourth,the Political rights reflects the fundamental human rights principles,is enshrined in the Constitution of the citizens of a basic human right.Principles of human rights recognized by the Constitution of capitalism in history played a progressive role,but it subject to the limitations of the bourgeoisie,and social practice,there is a huge gap.Of the socialist type of constitution in accordance with national conditions to provide for citizens to enjoy a broad and real rights and freedoms and provides for a series of effective measures,is a citizen's rights and freedoms in the content and scope continue to be strengthened,expanded,to ensure its implementation. China's Constitution also reflects the basic human rights principles.Study the basic theory of citizen participation in government,citizen participation in government should first analyze the subject and the object.The Political rights as subjects of rights,limited to individual citizens,ie the nationality of natural persons in China.First of all obligations of the principal should be the people's congresses and their standing committees at all levels,all state organs and state organs personnel,and other should also include social organizations,enterprises and organizations,and even individual citizens have an obligation to protect the exercise of political rights of citizens.The Political rights of our citizens should include the following:First,the right to vote and be elected;Second As public rights of state organs;Third,The right to supervise and The right to recall,in which supervision should include:the right to criticize;Proposed rights;Impeachment;right to appeal in of individual citizens and state organs or their staff members of non-critical or non-stimulating,the purely personal sense of doubt or claim the right to petition;citizen against the state organs or their staff conduct a variety of law or dereliction of duty proceedings significance on the right to sue.Fourth,freedom of expression,freedom of expression,including its speech,publication,assembly,association, of procession and of demonstration.The Political rights as a legal concept in China's successive constitutions have provisions in our Constitution,it usually comes down to "the Political rights." It first appeared in September 29,1949 First Plenary Session of the CPPCC adopted by the interim constitution with the nature of a "common program".Since the founding of New China has promulgated a total of four constitution,in 1954,1975,1978 and the 1982 Constitution..This is the Constitution,following four "Common Program" of the political rights of our citizens have made a slightly different rules,which reflect the political rights of our citizens the history of evolution.Prior to the Constitution in 1982,the three constitutional documents of the Political rights more focused on the political front,the political orientation is not with the "directly related to the nature of state power",but "class struggle" of political rights can only be class character with a strong color of the "people" can enjoy.China's current Constitution in 1982,while political rights have been abolished provisions in the nature of this class struggle,but it still belongs to the nature of the criminal law aspects of deprivation of political rights.China's current Constitution and relevant laws and regulations on The Political rights of citizens,made a detailed provisions,but because of historical reasons,ideological and other reasons,some of our citizens actually participate in politics right and a statutory right to participate in politics there is always a gap.Unfavorable the political rights of our citizens Reconstruction of subjective and objective factors that include four aspects:First, the political rights of our citizens support the lack of material conditions;Second,China's surviving in a certain degree of "political indifference" phenomenon;Third,the legal protection of political rights of our citizens are not in place;Fourth,the political rights of our citizens in government system construction of China's backwardness.The Political rights of our citizens on the improvement of this paper,four suggestions: The first is to develop the political rights of citizens awareness of science,specifically including:1,establish the rights of citizens awareness;2,to enhance citizen participation in political awareness;3,establishing civil and political supervision of consciousness;four and improve the legal awareness of citizens.The second aspect is to expand the grass-roots democracy and direct democracy.The third area is to create a political environment in the implementation of The Political rights of citizens,specifically including:1,vigorously develop the market economy;2 to accelerate the political system;3,long-term,widespread and systematic manner throughout the community of democratic enlightenment education; 4,build and perfect a specific system to protect the political rights of citizens.The fourth aspect is to improve the legal system,the political rights of our citizens,specifically including:1,Chinese citizens participation in government as the legislative system;2, China's judicial protection of The Political rights of our citizens;3,uphold and improve the people's congress system in China.
Keywords/Search Tags:Political
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