The Basic Theory Of Civic Duty In The Constitution A New Probe

In the face of the fact that more than 60% of the constitutionalcodes in the world nowadays prescribe the citizens' obligations, it'smore practical and reasonable not to discuss firstly whether theconstitution should prescribe the citizens' obligations, but research intothe existent constitutional problems and dig out the positive meaningmatched with the constitutionalism in an attitude of treating theconstitution texts seriously and in a approach of legal interpretation. Thebasic theory of citizens' obligations in the constitution mainly includesfive aspects: term's definition, norm's form, basic characteristic, legalfunction and legal validity.The citizens' obligations in the constitution are the ordinarycitizens' obligations which are prescribed by constitutional codes, theyare different from "citizens' basic obligations" with uncertainconnotation and "citizens' constitutional obligations" with differentmeanings as we generally say.There are two norms' forms of citizens' obligations in theconstitution, one is the obviously expressed obligation norm, namely theconstitutional norms prescribe the citizens' obligations definitely anddirectly, the other is the form-of-limits-of-rights obligations norm,namely the constitutional rights' restrictive norms expressed inobligations' norms. Thereinto the former can be divided into the type ofstatement sentence and imperative sentence, the latter can be dividedinto the type of general restriction and concrete restriction. As to theauthorizing norms which prescribe the authority of nationalorganizations, they shouldn't be regarded as the "implied obligationnorm" which can deduce the citizens' obligations.The citizens' obligations in the constitution have three basiccharacteristics: them have both the public law' character and privatelaw' character, national character and natural character, them combinethe fundamental character and exemplifying character. It's a newcognition of the basic characteristic of citizens' obligations in theconstitution obtained by bringing the form-of-limits-of-rights obligationsinto the review eyeshot. At the aspect of function, the form-of-limits-of-rights obligationsnorm provide constitutional limit or condition to restrict theconstitutional rights. In obviously expressed obligation norm, classicalcompulsive obligation norm has both the functions of restrictingcitizens' rights and controlling nation' powers, but the latter is theprimary; social welfare obligation norm has the function of supervisingthe nation to carry out its corresponding responsibilities, thepower-controlling function is weaker than in the classical compulsiveobligation norm; abiding-by-the-constitution obligation norm intent tocultivate citizens' constitutional consciousness and right' consciousness,its function exists more in the ethical meaning.At the aspect of validity, the citizens' obligations norms in theconstitution generally have legal validity, but they only have directvalidity to the nation, not to the citizens; by making and implementinglaws accorded with the constitution, it can realize the direct restricts tocitizens. As for abiding by the obligations' norms in the constitution, itprimarily has the validity of ethical revelation, there's no"constitution-breaking" by common citizens generally.