Research On The Constitutional Oath System Of The United States

In 1787,the Constitution of the United States has stipulated the constitutional oath system in the form of written law.The establishment of the constitutional oath system played an incredible in the prosperity and stable development of the American society.The formal establishment of the oath system of the U.S.greatly promoted the establishment of the oath system of the countries in the world.Over the past two hundred years,the U.S.constitution has gone through ups and downs and made great contributions to the development of the American society.Therefore,it is necessary to make a special study on the origin and development of the American constitution oath system,learn its experience and provide reference for the construction of our country’s legal society.In this paper,the research mainly focus on the origin and development of the American constitution oath system.By analyzing the change of the oath,the conclusion reflect that the constitutional oath system in America plays a vital role in American society,and at the same time,this paper introduces the current operation of the oath system of the constitution in the United States so that it could provides experience for the improvement of China’s constitutional oath system.Thus,in addition to the introduction and conclusion parts,this paper is divided into five parts:The first part is the theoretical basis of the constitutional oath system.It mainly discusses the necessity and significance of the existence of constitutional oath from four aspects: contract spirit,religious theory,constitutional authorization and sovereignty.The second part is the origin and development of the American constitutional oath system.It studies the development process of the American constitutional oath system from two aspects: the change of the constitutional oath and the oath ceremony.Through the above analysis,the third part summarizes the functions of the American constitutional oath system: maintaining order as a political oath,strengthening the commitment and credibility of the oath taker,and establishing the credibility and authority of the American Constitution.The fourth part analyzes thecurrent situation of the American constitutional oath system through three aspects: the system text,the concrete practice and the responsibility for the breach of oath.Finally the last part summarizes the experience from the development and operation of the American constitution oath system,and provides some suggestions for the improvement of China’s constitutional oath system from the following several aspects:upholding the common ideal of communism,cultivating citizens’ faith in the constitution,encouraging citizens’ participation in the constitutional oath taking process,strengthening the oversight over the operation of the procedure for swearing in the constitution,strictly implementing people’s oversight and recall,increasing the Court’s determination of the violation of the oath,and so on.Through above analysis,this paper is written to provide some experiences for improving our constitutional oath system.