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China’s System of Taking Oath to Uphold the Constitution:Its Legal Effect and Implementation(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2017年04期
Page:
61-
Research Field:
法制现代化研究
Publishing date:

Info

Title:
China’s System of Taking Oath to Uphold the Constitution:Its Legal Effect and Implementation
Author(s):
WANG Xin
Keywords:
taking oath to uphold the Constitutionoath-taking systempolitical rituallegal effectpracticalrationality
PACS:
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DOI:
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Abstract:
The oath-taking system has a long history in China. On the basis of absorbing foreign experienceand domestic practice,it is time for China to establish its own system of taking oath to uphold the Constitution.The establishment of the oath-taking system is of great significance for helping those who take the oath or eventhe whole society to develop a firm belief in the Constitution. Compared with the ritual effect of taking an oath,the binding effect of the constitutional oath-taking system is more of a psychological restraint,which causessome criticism and skepticism of the institutional design of the oath-taking system in both theory and practice.However,the fact that the traditional Chinese rituals played both political and social functions provides a solidbasis for the effect of the constitutional oath-taking system,which can be achieved through improving thelawfulness of the exercise of public power and strengthening the protection of the basic rights of the citizens.

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Last Update: 2017-08-30