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Relations between Han Chinese and ethnic minorities.
The State and all classes, nationalities, groups and other organizations within the State. The relationship between state organs and state organs.
The relationship between the state and its citizens.
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Relations between State organs and State organs.
The relationship between the state and its citizens.
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The content of constitutional relations refers to the constitutional rights and obligations, powers and duties of the subject of the constitution.
The rights and obligations between subjects are the basic content of the legal relationship, and the content of the constitutional relationship is also manifested in the constitutional rights and obligations established by the subjects of the constitutional relationship in accordance with the constitutional norms for a specific object, and the core of which is the rights and obligations between citizens and the state formed in accordance with the constitution. Due to the particularity of the constitutional relationship in terms of the status of the subject and the law of operation, the rights and obligations between citizens and the state are expressed in the form of citizens' rights and state power. Therefore, the rights of citizens and the power of the State are the substance of the constitutional relationship.
The rights and obligations in the Constitution are mainly for the basic rights and obligations of citizens, and compared with the rights and obligations in other legal relations, they are fundamental and are the prerequisite for the realization of other functions and obligations. The constitutional rights of citizens are prominently manifested in the fact that all citizens have the same legal status and have the capacity to exercise rights against all other subjects. At the same time, it means that all other subjects, including state organs, have the obligation to respect and not hinder the exercise of rights by rights holders.
The powers and duties in the Constitution are mainly aimed at the state and state organs, and compared with the powers and duties in other legal relations, it is also fundamental in that it reflects the political structure of the whole country, and different political institutional structures show different relationships between state organs in the constitution. Since the power of state organs is not inherent, they are all given by the people at the root, the power itself belongs to the people, and the state organs are only exercising the rights entrusted by the people. The Constitution stipulates the basic functions and duties of state organs, and the provisions of other laws on state organs are based on the Constitution.
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The content of constitutional relations mainly refers to the constitutional rights and obligations established by the subjects of the constitutional relationship in accordance with the constitutional norms for a specific object, and the core of which is the rights and obligations between citizens and the state formed in accordance with the constitution.
a) Rights. Power relations are the basic core of constitutional relations.
Power relations determine the nature of constitutional relations and determine the basic structural form of constitutional relations. Rights and power relations are the embodiment of the legal status of each subject of constitutional relations, the conflict and compromise between rights and powers are the basic forms of the operation of constitutional relations, and the interactive relationship between rights and powers promotes the development of constitutional relations.
2) The restraint of citizens' rights on state power is the basic spirit of constitutional relations.
The restraint of power by rights is an inevitable requirement of the relationship between the people's sovereignty and the constitution. In the perfect constitutional relationship, citizens' rights are mainly constrained and supervised in terms of the state power, the manner in which it is exercised, and the consequences.
3) The mutual restraint of state power is an important supplement to the restraint of power.
Through the appropriate separation and integration of state powers, the mutual restraint of power can not only ensure the organic cooperation within the organs, but also check and balance each other, so that no organ can truly grasp absolute power, so that the state power will be limited to a certain scope on the whole, and a situation will not arise in which the power is extremely inflated and the rights of citizens are infringed.
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Legal analysis: The relationship between the state and the state of the constitution refers to the social and political relations between the subjects of the constitution according to certain constitutional norms, with the rights and obligations in the constitution as the basic content, and is the most basic political order in the constitutional manifestation of the constitutional society. Its properties and characteristics are mainly manifested in:
First, constitutional relations are the legal model of democratic political relations in a particular society, and at the same time, they regulate and adjust political relations. The practice of constitutionalism requires that democratic political relations be brought into the orbit of the rule of law, so that social and political life and political relations operate in the manner determined by the constitution and laws. Second, the constitutional calendar relationship is the most basic legal relationship in the legal system of modern society.
Without the operation of constitutional relations, it is impossible to organize the legislative, executive and judicial organs of the state, so that it is impossible to provide a legal basis for the determination of other legal relations, nor to adjudicate and coordinate the operation of other legal relations; Without constitutional relations, the basic rights and obligations of each constitutional subject are set up, and the rights and obligations in other legal relationships lose their constitutional basis; Historical practice has proved that without the normal operation of constitutional relations, problems of one kind or another will arise in the practice of legal relations between various departments. Third, constitutional relations are based on constitutional norms, which is the concretization and actualization of constitutional norms. Fourth, constitutional relations are not only static constitutional connections between constitutional subjects, but also a way for constitutional subjects to interact with their rights and obligations.
Fifth, the constitutional relationship is not only the factual relationship between the subjects of the constitution, but also the value relationship between the subjects of the constitution. Constitutional relations, also known as constitutional-legal relations, refer to the social and political relations that arise in accordance with constitutional norms and are based on the rights and obligations, powers and accusations of the constitution between constitutional subjects. It is the basic political order stipulated in the constitution of a constitutional state.
Legal basis: Article 33 of the Constitution of the People's Republic of China All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law.
The State respects and protects human rights. Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.
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Legal Analysis: The content of China's constitutional relations: 1. The constitutional power relationship is mainly the power allocation between state organs; 2. The constitutional rights relationship is mainly the rights relationship that citizens should enjoy; 3. The relationship between constitutional rights and power is mainly the relationship between civil rights and state power.
Legal basis: Constitution of the People's Republic of China Article 5 All laws, administrative regulations and local regulations shall not contradict the Constitution. Zhongqi.
The Constitution and the Law of Zhengling is the fundamental norm for the activities of all organizations and individuals.
All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.
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What is the relationship between the constitution and civil rights?