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Research On The State Mission Clause In The Chinese Constitution

Posted on:2023-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y S ChenFull Text:PDF
GTID:2556306770470884Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The state task clause refers to the behavioral obligations and behavioral responsibilities set by the state based on the collection of citizens’ will to achieve a certain purpose.The state task clause is stipulated in the constitutional text,and it has undergone the transformation from negative action obligation to positive action task,which has the characteristics of stability and direction.The state task clause does not exist in isolation,but is closely related to state obligations,national goals,national goals,and the fundamental tasks of the state.State tasks and state obligations represent citizens’ “expectations” and “unexpectations” of the state respectively in context;state goals justify the existence of the state,the fundamental tasks of the state are the concretization of the state goals,and the state goals are the goals of the state.A manifestation of the different directions of the fundamental task,the national task is the specific means of achieving the national goal.State tasks have real effects.By emphasizing that state organs carry out certain actions,they form binding force on legislators,and are ultimately expressed in legal form.During the constitutional changes in our country,the National Mission Clause has changed particularly frequently.The state tasks of the "Common Program" are mainly to oppose imperialism,bureaucratic capitalism and feudalism,and establish a new democratic state.The national tasks of the May Fourth Constitution are embodied in the three major transformations and industrialization.Due to the limitations of the times in the Seventh Five-Year Constitution and the Seventh and Eighth Constitution,the main task of the state at that time was class struggle.As the best constitution in the history of the country,the 1982 Constitution has become more perfect after five revisions,and the terms of the state’s tasks are more and more able to reflect the citizens’ yearning and pursuit for a better life.To explore the reasons for the changes in the terms of the national mandate,it is necessary to combine the background of the times at that time.By analyzing the social background and state activities during the period of changes in the state tasks clauses in the constitutional text,we can see that the state tasks clauses reflected the social contradictions at that time,were the embodiment of social contradictions in the constitutional texts,and were influenced by the country’s political activities at that time.At the same time,the Party’s guiding ideology can guide the development of the country very well,and it is expressed in the constitutional text in the form of state tasks.Social development,in turn,can promote the revision of the terms of the state’s tasks,and the people’s demand for the ecological environment broadens the content of the terms of the state’s tasks.Comparing the setting of state task clauses in constitutional texts at home and abroad,the phenomenon of whether to set state task clauses is very different.The capitalist countries such as the United States and Germany have a relatively high level of social productivity,and their countries were not oppressed by factors such as war when they were established and drafted their constitutional texts.The main purpose of the national constitution is to limit the public power of the national government,and it is not expected that state organs will actively act achieve some purpose.On the other hand,in socialist countries such as China and the Soviet Union,when the country was established and the constitution was formulated,the country was devastated by war,and people were very eager for a peaceful and prosperous life,and eagerly hoped that the country could develop as soon as possible to realize the vision of a better life.The promulgation of the 2018 Constitutional Amendment has a huge impact on the development of the country and society.In order to complete the new national tasks,this paper focuses on social civilization and ecological civilization,explores the path to strengthen the legal protection of national tasks,and explores the guarantee measures for completing national tasks from the perspective of the rule of law.to provide new ideas for the implementation of the Constitution and the completion of national tasks.
Keywords/Search Tags:constitution, national tasks, social security, environmental protection
PDF Full Text Request
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