On the theory and development trend of constitutional obligations

Paper Keywords: constitutional obligation to citizens of countries
Abstract: Constitutional obligation arises from people's commitment to the well-being that individuals in order to achieve their own happiness in daily life to take some means of cooperation, and to build on the experience that the maintenance of community based on the existence of cooperation used after the establishment of a national contract in the form of institutionalization of the constitution. national origin, human nature, a harmonious society, the liberal ideas such as constitutional obligations constitute the theoretical basis of these theories indicates that the constitutional obligations inherent in the trend.

One, of the problem
Constitutional obligation is to safeguard constitutional rights and order, the Constitution stipulates that citizens shall be fulfilled, the establishment of national sustainable development and to ensure that essential national obligations. ... Throughout the history of thinking of the constitutional obligation, constitutional obligation has gone from roughly metaphysical to the metaphysical, from the transcendental to the utilitarian, from analysis to empirical, from theory to practice. constitutional obligation is based on the scholars about human nature, national origin and development, production and development of the Constitution of the theory gradually developed.

Constitution of science and natural science as well as other social sciences are always in a constant flow into the complexity of self-correction. The first written constitution does not provide civic duty of citizens in the constitutional text will be tied for first appeared in the rights and obligations of France Constitutional Revolution, such as France 1789 <"Human Rights Declaration>> and obligations of citizens 1791,1793,1795 Constitution has provided, in Germany in 1919 <<Weimar Constitution>> the more detailed provisions of the citizens constitutional rights and obligations. constitutional rights and obligations of a tie, which is the development of modern society the result of trial and error and practice .19 end of the century, especially into the 2O century, laissez-faire liberalism as the development of individual and social rights of the blind pursuit of, resulting in social apparent contradiction, the state in turmoil, the order has been badly hit, and people began to reflect on liberalism. Practice has proved that no obligation can not be sustained to maintain the right to accompany, along with liberal retreat (withdrawa1), legal concepts shifted from the past personal standard to the social standard, first to the right by the right for the purpose of the obligation to protect the rights of a balance of obligations direction. World War II, many countries have established the constitutional Civil rights and obligations of a chapter. But why have a constitutional obligation rarely discussed, this article attempts to explore the historical dimension of existence of the theoretical foundation of constitutional obligations, and on this basis conclude its development trend.

Second, the theoretical foundation of the Constitutional obligations
People are always constantly trying to open the eyes of dialysis reason the original appearance of the development of things, sometimes to explore possible at a specific time, specific location is correct, and sometimes even difficult to be fully sure of a theory. Enlightened ideas and determine the predictability of many of them biases, but these "ideas shape the course of history" (Keynes language), historical changes are associated with each of these characters and their thoughts linked to the names of this period The representative currents of thought. They thought to build a theory of modern cornerstone of the Constitutional obligations. whether it is the ancient Greek city-states and on the relationship between citizens and national origin of the doctrine, the European Middle Ages transcendent ideas and Human Nature, or the modern social contract theory, harmonious society and unity of view, these ideas are fundamental to thinking about how to maximize the lives of the people more happy, happy about the doctrine of the Constitutional obligation was built on the realization of the the majority of citizens on the basis of the well-being, there is the rationality of the Constitutional obligations of the most important causes and purposes.

(A) of the Constitutional obligations of the premise - the theory on the origin of the state
There is no doubt what an anarchist is not to mention citizens of constitutional obligations, the existence of the Constitutional obligations of the premise is based on national existence. For a lot of the doctrine of national origin, be summarized in two: conflict theory and cooperation of that State arising from the conflict between human beings or the co-operation. hold the former view, such as Hobbes's "wolf wolf relationship": the interaction between the state of nature is like the relationship between the wolf and the wolf, competition and conflict with each other, "all against all war," it is necessary to form a national authority to coordinate and resolve conflicts. which, as Aristotle, "says the public of the good", that country is for "public good "and established co-operative social community. Cicero says a combination of nature, Aquinas's social life that the modern Locke, Rousseau's social contract theory belong to this category. In general, state as a "necessary evil" has been widely recognized by society. whether national origin or the origin of the co-operation in the conflict, the state is necessary in a particular historical period, even to the modern theory of limited government that the country is still essential of. So far, the state is still the co-operation between people, conflict resolution and means of effective carrier.


(B) of the Constitutional obligations of the logical starting point - doctrines of freedom
The doctrine of the Constitutional obligations of service is not for the theory of absolutism, on the contrary, it is to protect the freedom of truly indispensable to establish the constitutional system. The provisions of the Constitutional obligation is the highest of human rights protection on behalf of most great modern society scientific discoveries and inventions of the Constitution, freedom of expression and rights of a community to the fundamental freedoms and rights protection and realization of the idea: freedom and human rights are the supreme value, but the freedom and rights are not absolute, there is no constraint This freedom and rights in harmony with the overall freedom and rights of everyone to enjoy the freedom and rights, rather than individual human freedom and rights. of the Constitutional obligations of freedom and rights of all citizens is the realization of the ultimate goal, services for the constitutional rights obligations. citizens of the mankind from its constitutional obligation has been demonstrated with the right value of the master-slave relationship and complementarity of functions, the ancient Greek and Roman times of Socrates, Plato, Aristotle Dodd, including the right to vote on, political rights, including freedom of movement to fulfill their obligations of citizens thought the logical starting point, the medieval Augustine, Aquinas meet the people's supreme law is subject to the premise of a rational theory of the tyranny of modern and contemporary resistance Locke theory, the relative freedom of Burke, Mill's liberalism, Hayek, Buchanan, Rawls and other neo-liberalism, as well as "no taxation without representation", "tax is the representative of the mother" theory and practice, expressed the idea of rational liberalism, constitute the basis of the Constitutional obligations of the foundation, is the logical starting point of the Constitutional obligations.

(C) obligations of citizens under the Constitution - the doctrine of social cooperation
Proof of human history: the human competition is the driving force and source of social development, cooperation is the development of means and methods. For personal interests can be adequately protected, the state and society to sustainable development, and people from non- open cooperation. Why take on the obligations of the national level, many scholars have explained, there are the returns of Socrates, Cicero, on the cooperation, Grotius's social interaction theory, Locke's right to assignment theory, Hegel's "other" theory, Mill's "group" "has been" on the right sector, Shitamule, Hobhouse concept of a harmonious society, the social solidarist Diji, Hobhouse, Habermas's views on the unity and so on. These theories are from a moral point of view, there is from the perspective of exchange of value, there are from a national perspective, a perspective from the individual citizen, although different perspective, but are based on the experience of abstract interdependent relationship between the individual and the community's judgments, these judgments because the town can be the specific needs of a particular historical period and appears in the individual and the community have tilted the scales, but their cooperation in the social function and role in the emphasis to be human History proved to be objective, justified, they are citizens of the existing constitutional obligations of the most fundamental basis.

(D) of the normative significance of the Constitutional obligations - on the theory of human nature
Citizens to fulfill constitutional obligations of citizens is no doubt good, but this obligation is not self-evident whether it is necessary to be prescribed by the Constitution do? From the interests of perspective, everyone wants to fulfill its constitutional obligations in time of need, others to perform The more the better, while he performed better. such as tax obligations, tax more, the state can provide public goods may be more, but most people want to tax people more satisfied, and their tax payment obligations as little as possible, military service, too, few people willing to be trampled upon in the "conquered people", but not everyone is willing to go against the cost of life, so we want people to military service more . because of "free riders ride," the possibility that there is no power of any individual voluntary supply of public goods to pay the price, it is necessary to force people through a constitutional obligation to make contributions to the production of public goods. by the Constitution and the law to be clearly provides better than just "one can imagine" to be more reliable than the rule of law is also an important reason for the rule of man. one of the theories include: Plato's skepticism of human nature, original sin that Augustine, Aquinas, Machiavelli evil human nature theory, Pufendorf on human natural and social discourse, Hamilton on the passion of the people, Pound's dual nature, economic analysis of law school, said the limited rationality, and so on. modern society Discussion about human nature and ethics of pre-modern and even more moderate and more quantitative color, but the essence of the same strain with the previous thought, human evil nature of the text of the Constitution restricted only to prevent the separation of powers and checks and balances of power system based on ethics, but also constitutional obligation to regulate the rights of the meaning of existence.

(E) of the Constitutional obligations of the system base - on the theory of the system
Obligations in particular the obligation to ancient Greek and Roman periods are often seen as synonymous with morality, to the modern, including Civil legal obligations, including obligations under the Constitution began to transition to the spirit of scope of human reason can be to find a system category. Early West Cerro high-end obligations, said a senior law obligations Jefferson ideas are institutionalized constitutional obligations to citizens and laid a transcendental background. from the overall interests and individual interests Aquinas measure, to a certain degree of Rousseau's restriction of liberty order gain more benefits, to Bentham's utilitarian measure, Pound's theory of legal social and economic analysis of law school of economic theory, for the realization of a greater degree of Civil liberties can be followed to provide a method and system means. modern society, people are consciously or unconsciously followed the theory and put it into practice, the constitutional obligation of citizens to become directly or indirectly, to reconcile the tension between state and citizens to achieve full freedom of individuals to maximize the effectiveness of the constitutional and social an important part of the system. these theories and doctrines inherent constitutional obligations of citizens indicate trends.


(F) of the Constitutional obligations of the essence - the commitment for happiness
Constitution itself is the happiness of the overwhelming majority of citizens to develop a rational contract. In this contract, to ensure the realization of happiness, the Constitution provides for the separation of powers and checks and balances system, intended to prevent the abuse of state power to require the rights of citizens, intent clear the most vulnerable of these rights, the prevention and relief of the infringed rights. These are the countries in the constitution made contract commitments and developed to meet the commitments of the fundamental political system. constitutional obligation in this contract was the largest Civil of being made to realize their commitment to the rational, although it so that citizens in some special cases, constitutional rights are suppressed, but this inhibition is to make you happy in order to protect the national existence, social harmony and obligations have to . Everyone has been a sanctuary, in this country live happy, they have a responsibility to maintain its continued existence. Therefore, to protect the citizens of happiness in a country where citizens are not completely free, unlimited, each whom a citizen must fulfill the necessary obligations. state and citizens in this contract by way of limitation, there is no power (right) is unconstrained, the power (right) large, (the) large, this is the essence of constitutionalism. civic obligations, whose existence and implementation of the Constitution only to the well-being when the overwhelming majority of citizens have the "legitimacy", on the contrary, such as aggression, exactions, etc. require citizens to fulfill their obligations not have this kind of "legitimacy" . Therefore, these obligations are the obligations of the most cautious, which is different from other sectors of legal obligations, not just the legal reserves, and the Constitution must be applied to the reservation that their representatives not only from one generation can easily develop, modify, and repeal of the Constitutional obligations. of the Constitutional obligations of the Constitution, must and should be rational, it has a greater legal obligation than other sectors of relative stability, it is an objective reality, but also the need to continue to explore human rationality and cognitive The. Links to Research Papers Download http://www.hi138.com Third, the development trend of the Constitutional obligations
The development of the Constitutional obligation has gone through a moral obligation derived from the ancient (ancient Greece, ancient Rome), to the Christian theology of religious obligations (Medieval Europe), to the modern natural law obligations (XVI century) and modern real titration obligations (eighth century) in several stages. In these times, citizens experienced a constitutional obligation to the supernatural from the natural to the man-nature-based man-made and then from the virtual to the real process. Therefore, we be summarized as "the seeds of the Constitutional obligations - production - development," so a few times.

Of the Constitutional obligations of the close relationship with the State and its citizens connected to both the game in a particular historical period between the decision in this period is often borne by citizens of the obligations associated with the country more with less. Since the beginning there is the national society, humans whom certain obligations, the amount of this obligation and the State in this particular historical period of state power and Civil rights of the game forces related to the greater national power, the more of citizenship, whereas the less citizenship. thinking of the Constitutional obligation to study history, according to state power and civil rights, relationships with countries from the beginning of the development of human society can be divided into such stages: a national community (about 4000 BC, a late 5th century, the ancient society) - absolute national society (5th century AD, a 16th century medieval society) - a small country and society (a 19th century 16th century Modern Society) - a welfare state society (in the 20th Century Society) - New Freedom national society (contemporary). the division of each social form is not absolute. in ancient society, for example, "both the complete loss of freedom, the status of semi-free semi-dependent workers, but also have the freedom to workers, the proportion in the country are also different. This is usually not only in the 5th century AD, the lower limit of the ancient world is the case, five centuries later, under the feudal system in medieval times the direct producers were enslaved, exploited, and the way farmers and free farmers dependent the respective proportion in the economy, as well. Therefore, the two pre-capitalist class society, that is, the feudal system of slavery and society, are difficult as a typical example of a history of the region, it is difficult to achieve a development instance As the world's stage by two social forms of the standard. and ancient social relations of production workers in a dependent position, and attached to the peasants of feudal Middle Ages, is often difficult to distinguish the boundaries. "So, this division is only an overview.

Around 4000 BC, the country began to take shape. During this historical period, national production soon, the existing social system left over from the original social democratic elements, but also evolving authoritarian elements. If there are state and society in early Southwest Asia, "Mesopotamia," the formation of the Sumerian civilization has left behind the typical democracy primitive mark, the Sumerian city-state has three political bodies: city leaders, the nobility and the people of the General Assembly meeting. They are period of democracy from the military the military chiefs, clan elders meetings and public meetings evolved from 0 [2] 62 and in the Nile Valley Civilization and the Yellow River Valley civilization is the relative prevalence of tyranny. Especially to the 2nd century BC to the 5th century, even more complex, when the general characteristics have been the transition to nationalism, but some still maintain a similar national form of democracy, such as around the 1st century AD, the ancient Germanic society. At this point, the democratic rights of citizens to enjoy a certain while some countries to fulfill the obligations of closely related, such as defending the country, pay taxes and so on. From the Western Roman Empire began, marking the full access to a Europe characterized by autocratic medieval Europe, or called the Middle Ages. In this a period of little people's rights and obligations of the extreme expansion, citizens need to carry a lot of obligations, the king did not require citizens to fulfill any restrictions taxes, military service and other obligations. since the 16th century, the wisdom of the people gradually opened, other countries, citizens are unable to bear a heavy burden , reflects on the fulfillment of the "legitimacy" of the Constitutional obligations formally created, the rapid development of liberalism in this period, with the advent of capitalist relations of production, the state is considered to be as small as possible, rely mainly on market and social development of self- regulation, this time on civic duty is strictly limited. l9 century to the beginning of 2O century, for "Ye Jing country" social ills generated, setting off a "welfare state" trend, in the "welfare state" under the impetus of the Government expanding the functions, powers expanding relationship between government intervention in the lives of citizens become more obvious, of citizenship, including the obligations stipulated in the Constitution has increased significantly. This kind of excessive intervention in the lives of citizens and the administrative bureaucracy lead to dissatisfaction of citizens , in particular, 2O half of the century, scholars began to re-examine this phenomenon and put forward as the representative of the new liberal views and ideas. But it should be said that neo-liberal welfare state and the trend is different from the despotism of two and liberalism as mutually exclusive, they are established on the basis of the interests of the citizens, there is no essential difference, but in the specific means of operation are different, the decision of the state and society to which direction the balance tilted slightly. This the idea of a period of 20 centuries ago to reverse the laissez-faire and blind individuals the right to supremacy, and toward both freedom and order, personal interests and the public interest coordination, balance between civil rights and civil obligations direction.

If society does not have the rights and obligations of the original, according to Marxist theory, the future will be so no national society, so let us not as the object of our study. Only from the country in terms of duration, if we are not the original community The Government states as the origin, through ancient civic duty shocks, the European Middle Ages to the state power and civil obligation to obey the apex, with this reflection, the transition to liberalism, to reach the lowest point, bringing absolute liberalism deterioration of social order, along with the rise of the welfare state, since the welfare state began a phase of adjustment. from the history of constitutional obligations, we can draw the following conclusions: (1) tyranny and freedom polar curves fluctuate state, that "the basic obligations of the trends show an expanded" and does not reflect the development of the Constitutional obligations of the original appearance. Throughout the history of the Constitutional obligation of any kind of power or status in the absolute rights of the community will be unstable. visible any kind of power (rights) should not be an absolute position, which is the essence of the rule of law and the Constitution. Of course, the larger the harm the abuse of power is against the Constitution should be the object of most, but the trade-off in the Constitution is not desirable, destined to the right, without oversight of the society can be expected corresponding negative effects. (2) Since a State has had a number of citizenship is essential to the existence of these obligations and national unity of the strict relationship between enter the country without the die long before. (3) human rights community in the power and jumping between peaks and troughs, and gradually reduce the amplitude of power and rights in a dynamic balance. thought and practice of civic duty occurred changes gradually shorten the interval of years, also reflected in the pace of change will be faster.

In short, the development of the Constitutional obligation of regular, since the time of its embryonic state is doomed to bundled with development. It, like other systems of human society, through a gradual process of rationalization. No government in human history has experienced a Omnipotent Government a benefit is a small government, a new liberal government ... ... in terms of ideology has gone through a paternalistic government which relies on a "Government is not a solution, it is the problem of" one more to solve a problem by the government through rational systems and procedures designed to resolve the issue in the Government to solve the problems, which is the Berkeley school of so-called "law of suppression, autonomous law, and responsive law" three times. along with the Constitutional obligations of thinking and different historical periods Practice gradually rational, scientific and civilized, in order to achieve the greatest happiness of citizens, for the express-type obligations, only those who can affect the survival of the obligations of the State will remain in the constitutions and constitutional obligations of citizens constitutes a rational choice and trends.

IV Conclusion
In the theoretical world, we attach importance to "Desire" and the combination of power, without oversight may be the result of the neglect of this desire is bound to have all inherent natural attributes. Early Chinese thinkers discovered the problem and trying to "eliminate human desires, keep justice," the moral advocacy to resolve it, in our today's perspective, such destruction is both impossible and undesirable. How to suppress the evil side of human desire, to carry forward the good side, is the current law workers should actively consider.

In law, the right to the source of power, the power of rights protection. Powers and rights under certain conditions of mutual penetration and mutual transformation, "the right person for the right to ask others to commit certain acts or suppress certain acts, that this the right kind of impact on others is actually a kind of 'power ..., the power of the people any possible abuse of power, this timeless truth for the unfettered right to apply. The main purpose is to protect the Constitution the rights of citizens, and its essence is to prevent any kind of power (right) in the first position, the separation of powers and checks and balances system is effective to prevent the power system that integrates with the design of evil human nature, citizenship is a constitutional obligation to make the system of rights expansion an important measure to prevent.

Admittedly, the special nature of the Constitution, citizens in most of the content of constitutional obligations are to be provided through other branches of law, citizens are not always a direct constitutional duty to act, therefore, more declarative shows its function. It declared to us: countries "of the people, for the people", and citizens have, in this country and enjoy national treatment provision of services, it should also fulfill the necessary obligations to maintain such a state - constitutional obligations. these constitutional obligations the premise of constitutional rights enjoyed by each other, is the means to fulfill constitutional obligations, constitutional rights is the goal. part of the Constitutional obligations arising out of a psychological and moral caution to prevent a system designed, more fundamental is the human experience in history and rational reasoning based on the optimal choice to maximize their own interests. take seriously the duty of the Constitutional Rights and the Constitution requires us to develop a mutually reinforcing constitutional obligation to think consciousness. to fulfill the constitutional obligation and social responsibility not only to others, but also on their rights charge, take seriously the constitutional rights at the same time we need to take seriously the constitutional obligation.

Constitutional obligations of our citizens Theory and Practice "is always slow people (Western countries) a film": We have stressed the obligation, the people in the maintenance of rights, we explore the rights-based, Western welfare states in the study, we study the welfare state , Western and reflect on the welfare state in violation of the free ... ... to catch up with the pace of world civilization, China has continued to advocate the right moment at the same time, should be a rational treatment of the relationship between rights and obligations, as the so-called "bucket effect": wood Bottled water depends on the total functions of all boards made of the length of the barrel, if the great majority of the board is very short, other then a long board to no avail. in promoting and safeguarding of constitutional rights should also increase promote greater citizen constitutional obligations and enforcement of, through the system to guide and regulate the citizens "about rights, about obligations, about responsibility."
Constitutional obligations of citizens is far from over. At present, China is undergoing a far-reaching historic significance, the cross-century social change, as the Constitution of the socialist market economy and the gradual establishment and improvement of political, constitutional and will also followed a more rational and scientific, civic obligations of the Constitution will go far. reposted elsewhere in the Research Papers Download http://www.hi138.com