Analysis of the Normative Nature of the Constitutional Clause of Core Values of Chinese Socialism
Secretary ›› 2021, Vol. 39 ›› Issue (2): 47-54.
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MIAO Yong
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Published:
Abstract: The constitutional clause of core values of Chinese Socialism referring to “the state advocates core values of Chinese Socialism” stipulated in Article 24 (2) of the current Chinese Constitution,which hasn’t been analyzed by the academia. Through methods of textual interpretation,historical interpretation and system interpretation,we can clarify the normative connotation of the constitutional clause of core values of Chinese Socialism. The constitution is a unity of norm system,meaning system and value system,thus the constitutional clause of core values of Chinese Socialism has the functions of standard integration,value integration and making up for legal deficiencies. The integration of the constitutional clause of the core values of Chinese socialism into the state governance requires at least the following three approaches that can be promoted simultaneously. The first is the approach of “entering the law and regulations”,which is mainly embodied in the purpose clauses and requirements;the second is the approach related to “administrative law enforcement”,which is mainly reflected in the process of administrative law enforcement and administrative judgment activities;the third is the approach of judicial application,which mainly gives expression to the basis of judgment and reasoning.
Key words: construction of rule of law, core values of Chinese Socialism, legal interpretation methods, constitutional norms
MIAO Yong.
Analysis of the Normative Nature of the Constitutional Clause of Core Values of Chinese Socialism [J]. Secretary, 2021, 39(2): 47-54.
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https://www.mishu.shu.edu.cn/EN/Y2021/V39/I2/47