41063025--Chinese Constitutional Law

Course Title:CHINESE CONSTITUTIONAL LAW

Course Code

41063025

Semester

First semester

Teaching Hours

32

Credits

2

Prerequisites

Instructor Information

Name

Fu Jing

Email

443976003@qq.com

Institute

Law School

Applicable Object

International Students

Course Objectives

Constitutional law is a basic course for law majors. Studying constitutional law is of great significance for mastering the basic principles and methods of Marxist constitutional law, laying a solid foundation for the legal profession, cultivating the quality of the legal profession, establishing the awareness of abiding by and safeguarding the Constitution, and comprehensively promoting the construction of a socialist country under the rule of law. The teaching objectives and requirements of this course are:

1. Strengthen the students' concept of the Constitution, and let them establish a self-conscious awareness of abiding by and safeguarding the Constitution;

2. Help students scientifically identify various constitutional phenomena and correctly understand and evaluate various constitutional theories;

3. Guide students to accurately grasp the relationship between constitutional law and law science of other departments, and earnestly study other disciplines of law specialty;

4. Encourage students to firmly establish the concept of socialist rule of law and comprehensively promote the construction of socialist rule of law.

Course Description

(200 words)

Constitutional Law is a basic course for law majors. Studying the Constitution is of great significance for mastering the basic principles and methods of Marxist constitutional law, laying a solid foundation for the legal profession, cultivating legal professionalism, establishing the awareness of abiding by and safeguarding the Constitution, and promoting the construction of a socialist country ruled by law.

This course focuses on five aspects: first, the basic theory of constitution; Second, the theory of state and state system; The third is the theory of civil rights; The fourth is the theory of state institutions, and the fifth is the theory of supervision over the implementation of the Constitution. Among them, the basic theories of constitution include constitutional principles and the historical development of constitution; The theory of state and state system includes the nature of the state, the form of political power organization, the form of state structure, the basic economic system, the basic cultural system, the state institutions and national symbols; The theory of civil rights mainly refers to the basic rights and obligations of citizens; The theory of state institutions, including the general principles of state institutions, the National People's Congress and its Standing Committee, the President of the State, the State Council, the Central Military Commission, local people's congresses and local governments at all levels, the organs of self-government in national autonomous areas, the people's courts and the people's procuratorates, and the organs of political power in special administrative regions; The supervision theory of constitutional implementation includes constitutional implementation, constitutional supervision, China's constitutional supervision system, etc.

Through the study of the above contents, students can correctly analyze various constitutional phenomena using the constitutional theories they have learned, propose scientific methods to solve relevant problems, and lay a theoretical foundation for learning other law courses.

Assessment Methods

Course Paper

Textbooks and References

Textbooks used: Constitutional Law of the Horse Project, compiled by the compilation group of Constitutional Law, Higher Education Press, People's Publishing House, 2011 edition, standard book number: 978-7-04-033736-5.

Reference textbook: Introduction to the Constitution of China (revised edition), written by Liu Maolin, Peking University Press, 2009 edition.

Note: Based on the teaching material of Horse Project, the Constitution of the People's Republic of China and the Constitution Teaching Laws and Regulations are also used as necessary reference books for students in classroom teaching.

Main References(Works and periodicals):

Wang Shijie, Qian Duansheng: Comparative Constitution, China University of Political Science and Law Press, 1997.

Zhang Qingfu, Chief Editor: Basic Theory of Constitutional Law, Social Science Literature Press, 1999.

Xu Chongde, Chief Editor: Constitution, China Renmin University Press, 2009 edition.

Aristotle: Politics, translated by Wu Shoupeng, Commercial Press, 1981.

Wu Jialin, Chief Editor: Constitutional Law, People's Publishing House, 1983 edition.

Complete Works of Marx and Engels, People's Publishing House, 1995 edition.

Collected Works of Marx and Engels, Volume 1, People's Publishing House, 1995 edition.

Collected Works of Marx and Engels, Volume 2, People's Publishing House, 2009 edition.

Collected Works of Marx and Engels, Volume 3, People's Publishing House, 2009 edition.

Collected Works of Marx and Engels, Volume 4, People's Publishing House, 2009 edition.

Collected Works of Marx and Engels, Volume 10, People's Publishing House, 2009 edition.

Mao Zedong Collection, Volume 2, People's Publishing House, 1991 edition.

Mao Zedong Collection, Volume 6, People's Publishing House, 1999 edition.

Selected Works of Mao Zedong, Volume 2, People's Publishing House, 1991 edition.

Selected Works of Mao Zedong, Volume 3, People's Publishing House, 1991 edition.

The Complete Works of Lenin, Volume 34, People's Publishing House, 1985 edition.

The Complete Works of Lenin, Volume 46, People's Publishing House, 1990 edition.

Selected Works of Lenin, Volume 2, People's Publishing House, 1995 edition.

Selected Works of Liu Shaoqi, Volume II, People's Publishing House, 1985

Lenin's Selected Works on Marxism, People's Publishing House, 2009 edition.

[France] Sies: On Privilege · What is the Third Level, translated by Feng Tang, Commercial Press, 1990.

Common Programme of the Chinese People's Political Consultative Conference, People's Publishing House, 1952.

Communiqu é of the Third Meeting of the Sixteenth Central Committee of the CPC, People's Daily, October 14, 2003.

The Central Document Research Office of the Communist Party of China: The Road the Republic has traveled - Important Documents since the founding of the People's Republic of China (1949-1952), Central Document Publishing House, 1991.

Course planning

Chapter 1

Topic:Basic principles of constitutional law: the concept and essence of constitution; The classification and origin of constitution; The formulation, interpretation and amendment of the Constitution; The Effectiveness and Role of the Constitution

Thinking questions in this chapter:

1. How to understand the fundamental law attribute of the Constitution?

2. How to understand the relationship between the formulation, interpretation and amendment of the Constitution?

3. How to understand the spatial effect of China's Constitution?

4. How to understand that the core of rule of law is to govern the country according to the Constitution?

5.What are the conditions under which the Constitution plays its role?

Chapter 2

Topic:The historical development of constitution: the birth and development of constitution; Constitution of the People's Republic of China before its founding

Thinking questions in this chapter:

1. What are the economic, political, ideological and legal conditions for the emergence of the capitalist constitution?

2. How to understand the difference between socialist constitution and capitalist constitution?

3. What are the basic characteristics of the 1954 Constitution? What is the impact on the 1982 Constitution?

4. Why is the current constitution a socialist constitution with Chinese characteristics in line with China's national conditions?

Chapter 3

Topic:The guiding ideology and basic ideology of the Constitution: the guiding ideology of the Constitution; Fundamental principles of the Constitution

Thinking questions in this chapter:

1. What is the guiding ideology of China's current constitution?

2. How to understand that the guiding ideology of the Constitution is the soul of the constitutional normative system?

3. How does the provisions and practice of China's current Constitution implement the guiding ideology of the Constitution?

4. How to understand the basic principles of our Constitution?

5. What is the role of the basic principles of the Constitution?

Chapter 4

Topic:State nature and state form: State nature; State form; National logo

Thinking questions in this chapter:

1. How to understand the relationship between the Constitution and the nature of the state?

2. Why do we say that the people's democratic dictatorship is essentially the dictatorship of the proletariat?

3. How to understand our patriotic united front?

4. How to understand the relationship between the organizational form of political power and the nature of the state?

5. What are the characteristics of the people's congress system?

6. Why can't China copy the political system of the capitalist countries of separation of powers?

7. Why does China implement the unitary state structure?

8. What are the characteristics of China's unitary state structure?

Chapter 5

Topic:National basic system: economic system; Political system; Cultural system; social system

Thinking questions in this chapter:

1. How to understand the foundation of China's economic system and the basic economic system and distribution system in the primary stage of socialism?

2. What are the characteristics of the socialist market economy?

3. Why is the people's congress system the fundamental political system of our country?

4. What are the basic principles of our electoral system?

5. What are the salient features of the multi-party cooperation and political consultation system led by the CPC?

6. What are the characteristics and differences between China's national autonomy system and the grass-roots mass autonomy system?

7. How to understand the relationship between cultural system and constitution?

8. How to understand the relationship between social system and constitution?

Chapter 6

Topic:Basic rights and obligations of citizens: general principles of basic rights of citizens; The basic rights of citizens; Basic obligations of citizens

Thinking questions in this chapter:

1. How to understand the concepts of rights and fundamental rights?

2. How to understand the relationship between human rights and fundamental rights?

3. What is the basis for the effectiveness of basic rights on private relations?

4. How to understand the restriction of basic rights?

5. How to understand the relationship between citizens' basic rights and obligations?

6. How to understand the relationship between equal rights and reasonable differences?

7. How can the basic rights in China's Constitution be classified?

Chapter 7

Topic:National institutions: general principles of national institutions; The National People's Congress and its Standing Committee; President of the People's Republic of China; the State Council Central Military Commission; Local people's congresses and local people's governments at various levels; The organs of self-government of national autonomous areas; People's Courts and People's Procuratorates; Political organs of special administrative regions

Thinking questions in this chapter:

1. How do the organizations and activities of our national institutions reflect the principle of democratic centralism?

2. What is the relationship between the National People's Congress system and the Standing Committee of the National People's Congress?

3. How to understand the constitutional status of the President?

4. How to understand the Premier Responsibility System of the State Council?

5. What are the main functions and powers of local people's congresses and people's governments at various levels?

6. What are the autonomy rights of national autonomous areas in China?

7. How to understand the independent exercise of judicial power by the people's courts?

8. How to understand the constitutional status of the People's Procuratorate?

9. How to understand the relationship between the People's Court, the People's Procuratorate and the public security organs?

10. What are the characteristics of the organs of political power in the special administrative regions?

Chapter 8

Topic:Supervision of constitution implementation: constitution implementation; Constitutional supervision; China's Constitutional Supervision System

Thinking questions in this chapter:

1. What is the meaning of constitutional implementation and supervision?

2. How to understand the relationship between unconstitutionality and illegality?

3. What are the main types of constitutional supervision in the world?

4. What are the basic contents and characteristics of China's constitutional supervision system?

5. What is the responsibility for violating the Constitution?

6. How to improve our constitutional supervision system?