On the economic system in the Constitutional Analysis of net write papers _
Network to write papers: Paper Keywords superstructure of the economic system of constitutional Law
Abstract This paper pointed out that the constitution of the economic system should be part of the superstructure. Analysis of the economic base and superstructure of the content, the constitution of the nature of the subject and the constitution of the economic system and other systems and other aspects of the relationship can be drawn this conclusion.
In the constitution, the economic system is a concept differences, different opinions, different scholars have different interpretations of the Constitution, different opinions in the teaching practice, we believe that economic system is the state recognized by the Constitution and Laws and regulations of the production relationship, built on the basis of the economic management system, intrinsically linked to basic economic policy of the sum of the system while the first two points of view, the economic system be confused with the economic base, which is unscientific, because the Constitution Studies in the economic system is a legal form of economic system should be part of the superstructure, while the economic base and nature are two different concepts.
First, the content of the economic base and superstructure, the economic system should be part of the superstructure. Economy is based on a certain stage of social and historical relations of production dominant in all aspects of the sum of its contents include information on who should occupy the production, people in the production process of the formation of the relationship between people and the products of labor allocation in three aspects.
Superstructure is built on the basis of Political economy, Law, religion, morality, art, philosophy and other ideas, and adapt these ideas with the Political and legal systems and facilities of the complex system. Superstructure of Political, legal system and facilities and ideology of two parts. The former includes national, Political, legal, military, police, courts, prisons and other Political superstructure, often referred to as the latter, including political views, a point of Law, etc. In this vast superstructure system among the dominant political position and political, including the country's system, physical facilities, policies, Laws, etc., is the most powerful part of the superstructure.
Constitution of the economic system, which mainly include two aspects. First, to confirm the relations of production systems; first established as the basis for the economic management system, as well as the economic management system is intrinsically linked to fundamental economic policy.
Secondly, from the constitution of the discipline, the economic system should be part of the superstructure. Constitution is a constitution as the main object of study of legal science. The object of study of the Constitution different scholars have different interpretations, different views, Ultimately, however, the constitution of the discipline and scope of the study is to study the emergence and development of constitutional law, constitutional nature, characteristics, formation and role of constitutional development and implementation of constitutional interpretation, modification and supervision, as well as kinds of constitutional norms and ideological, and other aspects of the constitutional relationship, which are part of the superstructure areas.
Study of the Constitution is mainly the basic theory of the Constitution, the Constitution of the historical development, nature of the country, the state form, the electoral system, economic system, cultural system, the basic rights and obligations of citizens, national institutions, party system, constitutional safeguards and supervision etc. These are all state power belongs to the scope of political and legal systems, are political superstructure.
Constitution is the fundamental law of a country's legal system and legal system is built based on, and therefore decided to study the constitution as the constitution were important in the whole legal system to decide the constitution of the discipline's nature and characteristics of . First, the constitution is the basis of academic disciplines. of the Constitution recognized the country's most fundamental and most important issues of principle and spirit of the basic theory. Second, the constitution has a strong political and policy the Constitution by the fundamental law of the in the form of norms of state power in order to protect the rights of citizens, is the general statute governing the country and bringing peace, some scholars from the constitution to state power as the main point of the study, none of the constitution for the state power of the study, so with the ruling class , the ruling group's policies are closely linked. Third, the study of the Constitution are the country's most fundamental and most important issue. Constitution is its most fundamental and important issues such as national character, the state forms. So, constitution must also studied the country's most fundamental and most important question these areas are also part of the superstructure. Links to free download http://www.hi138.com Therefore, the constitution should belong to the superstructure areas being the case, as an important part of the constitution of the economic system of natural areas should also be part of the superstructure.
Finally, from the economic system and the Constitution in the other system relations, the economic system should be part of the superstructure. Law composed by the numerous laws and regulations, is the sum of legal norms, is to adjust the principle of social relations, people's conduct. Constitution specification is to adjust the social system, the fundamental principle of national systems and national political organizations and citizens basic rights and obligations of social relations. China's current constitution will adjust their social relations generally divided into four categories, namely, political relations, economic relations, cultural relations and legal relations, corresponding, four constitutional system, namely, political and economic systems, cultures and legal systems in which the political system, legal system are undoubtedly areas of study in the superstructure.
Nature of the determinants of the country among some civilized society is also an important factor is that people of their own spiritual transformation of the subjective world, including the ideological, moral, educational, scientific, cultural, etc., is also a product of development of productive forces and mark it is certain social and material productive forces acting on the political superstructure of the bridge, the direction of national activities and national policies have a significant impact on any economy, the dominant political class, if not accounted for in the field of moral dominance, then it's certainly not a solid regime. spiritual and moral aspects of the ideological content of a distinct class character of the Constitution of certain provisions of any civilized society, is the country's cultural system, such as our current constitution to the building of spiritual as an important part of civilization, reflects our country's cultural system, so culture system should be part of the superstructure.
As with the political system, cultural system, legal system in parallel with the economic system is self-evident, but also a superstructure, but the economic system and economic base are closely linked, although the economic system and economic base of the two concepts are different in nature But between the two are intrinsically linked. the economic base is the core of a certain economic system, economic system and even the basis for the entire political superstructure, and its class nature of the country's nature and direction of the country's development, determine the nature of various systems while the economic base of the recognition and maintenance of the economic system and the whole constitution of the fundamental tasks. In addition, the economic system also includes other supplementary forms the economic base and the principles of state management of the national economy , way, way, the direction of the content is more important is that it is formed by the Constitution and laws of the economic base of legal forms.
References:
[1] Wei Dingren. Constitution. Peking University Press, .1994.
[2] weeks leaves. Constitutional Legal Publishing House .1999.
[3] Jiang Bikun. Constitution of China University of Political Science Press, 1997. Links to free download http://www.hi138.com
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