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The role of the Constitution in restricting the power of the State is determined by the Constitution's guarantee of citizens' rights. When the power of the state is unrestricted and expands indefinitely, the direct object of its infringement is the rights of citizens. The Constitution restricts the activities of State institutions to a certain scope and extent by stipulating how they are to be constituted, what functions and powers they have, and how they are to be exercised.
The normative role of the constitution on state power refers to the effective operation of state power on the track set by the constitution by stipulating the scope, methods and procedures for the operation of state power. By stipulating the principles for the organization and activities of state organs, the constitution can not only prevent the abuse of state power, avoid or reduce conflicts and internal friction, but also enable the various state organs to have clear powers and responsibilities and operate in an orderly manner.
As a legal norm, the Constitution has a guiding role, but it has its own characteristics: as far as the subjects of guidance are concerned, it includes state organs, social organizations, and individual citizens; In terms of the scope of the guidelines, it touches on all aspects of political, economic, cultural and social life; As far as the effectiveness of the guidelines is concerned, the Constitution, as the fundamental law of the country, has the supreme legal force; As far as the ideological basis of the guidelines is concerned, the constitution guides the behavior of organs, organizations, and individuals, and coordinates the role of society as a whole.
The constitution embodies the will of the ruling class in a concentrated way and is the most basic basis for the ruling class to manage the country and society, so the evaluation of the constitution is essentially a comprehensive evaluation of the ruling class. The evaluation of the Constitution is of the highest importance, and all state organs, organizations, and individual citizens must take it as the fundamental criterion for their activities.
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Legal Analysis: Yes. All state organs, social organizations, and individual citizens must abide by the Constitution and laws, enjoy and exercise their legally prescribed powers and rights in accordance with the law, and undertake and perform their legally prescribed duties and obligations.
All state organs shall implement a responsibility system. The Constitution stipulates that when implementing and enforcing laws, local regulations, and major policy decisions formulated by organs of state power, state organs shall implement a strict work responsibility system. The prime minister responsibility system is implemented, the ministries and commissions implement the minister and director responsibility system, and the local people at all levels implement the responsibility system of provincial governors, chairmen of autonomous Sosui districts, mayors, governors, county heads, district heads, township heads, and town heads.
Legal basis: Article 5 of the Constitution of the People's Republic of China The People's Republic of China implements the rule of law and builds a socialist country under the rule of law. The state upholds the unity and dignity of the socialist legal system.
Laws, administrative regulations, and local regulations must not contradict the Constitution. All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.
No organization or individual may have privileges that go beyond the Constitution and laws.
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1. No one must abide by the Constitution and laws, and no organization or individual may have privileges that go beyond the Constitution and laws.
2. The Constitution stipulates that the People's Republic of China shall govern the country according to law and build a socialist country under the rule of law. All laws, administrative regulations and local regulations must not contradict the Constitution. All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws.
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Legal Analysis: Yes. The People's Republic of China governs the country according to law and builds a socialist country ruled by law.
The state upholds the unity and dignity of the socialist legal system. All laws, administrative regulations and local regulations must not contradict the Constitution. All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws in turn.
All acts that violate the Constitution and the law must be investigated. No organization or individual may have privileges that go beyond the Constitution and laws.
Legal basis: Article 5 of the Constitution of the People's Republic of China The People's Republic of China implements the rule of law and builds a socialist country under the rule of law. The state upholds the unity and dignity of the socialist legal system.
All laws, administrative regulations and local regulations must not contradict the Constitution. 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.
No organization or individual may have privileges that go beyond the Constitution and laws.
State organs refer to those engaged in the management and exercise of state power. It includes the head of state, the organs of power, the executive, the judiciary, the procuratorial and the military. >>>More
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According to the notice of the autonomous region Xin Min Fa No. 2012 No. 10 "Notice on Issues Concerning the Payment of One-time Death Pension for Employees of State Organs and Retirees" and the Ministry of Human Resources and Social Security No. 2008 No. 42 "Notice of the Ministry of Human Resources and Social Security, the Ministry of Civil Affairs and the Ministry of Finance on the Measures for the Payment of One-time Death Pension for Staff of Public Institutions and Retirees", the standards for the payment of one-time death pensions for the staff of organs and institutions and retirees in our city are as follows: >>>More