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On The Norm Systems Of Chinese Culture Constitution And Its Enforcement Mechanism

Posted on:2023-08-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:L FengFull Text:PDF
GTID:1526307310462104Subject:Constitution and Administrative Law
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The norm systems of Chinese culture constitution is mainly composed of three parts: the norms of culture basic rights and interests,the norms of culture state power and the norms of culture basic state policies.Accordingly,the enforcement mechanism of Chinese culture constitution is also composed of the enforcement mechanism of these three constitutional norms into a unified and diversified enforcement mechanism system.To be specific,the enforcement mechanism of Chinese culture Constitution mainly includes the following three parts:Firstly,culture basic national policy norms and its enforcement mechanisms.The enforcement mechanism of basic state policies on culture includes "public law enforcement mechanism" and "private law enforcement mechanism"."Public law enforcement mechanism" includes "culture control mechanism" and "culture service mechanism";The former aims to control culture and implements it by standardizing culture law enforcement.The latter refers to the government’s introduction of culture and educational policies,basic culture public service policies and culture industry promotion policies as supplementary enforcement mechanisms.These mechanisms implement the spirit of the basic state policy on culture into the whole process of legislation,administration,judicature and lawabiding of the citizens.Secondly,the norms of culture basic rights and interests and its enforcement mechanism.The enforcement mechanism of China’s culture basic rights and interests includes the "enforcement mechanism of culture basic rights",the "enforcement mechanism of culture legal rights" and the "enforcement mechanism of other culture basic rights and interests".The enforcement mechanism of the norms of basic culture rights and interests can include the "positive enforcement mechanism" in which relevant departments actively take measures to achieve the basic culture interests,and the "negative enforcement mechanism" in which the state authority vetoes the infringement of "basic culture rights and interests" by some state organs and make them to abide by the "negative obligations".Thirdly,culture state power norms and its enforcement mechanism.The enforcement mechanism of the norms of culture state power is embodied in the way that the competent culture departments intervene in culture management activities by means of public administration and guide all social subjects to participate in culture life legally and orderly.The power of culture state mainly refers to three core powers: the right of culture regulation,the right of culture service and the right of culture grant.Specifically,the government can manage,lead and support culture through "regulation","service" and "grant".With the deepening of culture reform,the government mainly relies on the enforcement mechanism of culture power and adopts various supporting tools to encourage,support,guide or inhibit the culture behaviors of various social subjects,so as to achieve the culture goals and culture policy objectives of the government.The content of Chinese culture constitution concerns the survival of culture state and the realization of citizens’ basic culture rights and interests,rather than the guarantee of culture freedom.In culture national goals under the integration of basic rights and interests of Chinese culture constitution specification enforcement mechanism,the basic national policy of standard enforcement mechanism and culture standard enforcement mechanism of coordination and orderly operation of state power,realize the goal of national culture,carry out the policy of national culture,to protect the rights of civic culture,and guide the culture development.
Keywords/Search Tags:culture constitution, enforcement mechanism, basic state culture policy, basic culture rights and interests, state culture power
PDF Full Text Request
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