The constitution supervision

下面为大家整理一篇优秀的paper代写范文- The constitution supervision，供大家参考学习，这篇论文讨论了宪法监督。宪法监督价值，指的是在宪法监督与人的关系中，作为客体的宪法监督按照主体的需要对主体产生的积极效应的属性，是外在价值与内在价值的有机统一。秩序与正义作为宪法监督的基本价值之一，由于时代不同、政治制度等不同，二者之间的冲突是在所难免的，而冲突一旦没有得到及时的协调或解决，则势必引起政治的不稳定，进而影响民主政治建设的进程。但宪法监督秩序与正义价值亦具有内在的逻辑性、本质的一致性，为此，尽管有冲突，但在一定条件下，其依然可以协调。

So-called constitutional supervision value refers to the constitutional supervision relationships with people, as the object of the constitutional supervision in accordance with the main body of the need to have the positive effect on the main body of property, is an organic unity of extrinsic value and intrinsic value. Order and justice as one of the fundamental value of the constitutional supervision, due to different times and different human nature, such as different cultural tradition, political system, the conflict between them is inevitable, 10 once haven't been solved timely coordinate or, it will inevitably lead to political instability, affect the course of the construction of democratic politics. Order and justice value of constitutional supervision but also to have inner logic, the nature of consistency, therefore, despite the conflict, but under certain conditions, it still can be coordinated.

Boden hammer talked about in his book, "a legal system to properly perform its functions, is not only to strive to achieve justice, but also to create order. This argument may be questioned, because a man cannot serve two masters. When are the two main pursue different goals, release is contradictory orders, almost every engaged in a certain behavior guidelines when they found out its objectives, this question was probably right." Order and justice as the basic value of the constitutional supervision, in general can be coordinated, but as Aristotle says, man is born a political animal. In other words, political is accompanied by human society. So, to the survival and development, human society would be based on their own interests have different requirements for society, for all things will have their own different views and differences, contradiction and conflict. So as the basic value of human beings, order and justice as there is a conflict. We know that the order price as a value goal mainly from social stability and unity of the value request, but this request once the absolute will sacrifice individual rights even lead to tyranny and dictatorship, and trampling on justice. Similarly, if too much emphasis on justice, it may lead to order chaos, also cannot guarantee justice. Although everyone knows this truth in theory, but it still exists in practice, the two conflicts. As we discuss on marital rape: the conflict between order and justice.

Review the history of the development of human relationship, in the middle ages ago, when a man holds the rights in the society, grasp the power at home, and began to regard women as his right to object to dominate, women as a husband let the cat out of the desire and reproductive tool since then must be obedient to her husband. In the long feudal society in China, the roles in the patriarchal clan system, under the influence of construction of gender inequality for hundreds of years of gender order. The formation of marital rape is hundreds of years of marriage and family relations in the ethical and moral ideas and the history of legal culture precipitation, reflected the marriage and family relations in the value orientation of legal protection for masculine, this is an order. And this order has continued into today although eased, but not from the root up and lifted. But always in the development of society, women as a half the sky gradually in the society in various fields has achieved equal status with men, the rise of sexual culture is aroused women about their sexual rights protection consciousness. Really build up system guarantee to female sexual rights almost become globalization demands of human rights. So there have been emphasized marital rape is a contempt of justice, it embodies the progress of the development of the society and ideology and value orientation for protection of women's rights. However, the barriers to justice from women directly opposing groups - men against, so there is a conflict between the order and justice value.

Since the order and justice conflict is inevitable, so with justice as the basic value of constitution supervision order, the conflicts between the samples. In the process of constitutional supervision, sometimes have to sacrifice for the sake of order and justice, and in order to justice and had to give up in order. Such as the United States in 1994 shocked the world of "Simpson killed his wife," although the trial runs smooth at that time, but in the end, in the case of evidence, unexpectedly escape legal sanction, Simpson in killing his ex-wife and her boyfriend with a knife two counts of first-degree murder charges for his acquittal, civil judged by only responsible for the death of two people. The case is key to the legitimacy of the evidence. And the defense lawyer is very good use of the evidence "exclusion rule", which won. According to the U.S. Supreme Court in 1914 weekes v are explicitly stipulated in the United States, the federal court in the trial, must put the police evidence has been obtained by means of illegal search out. While in 1984, the Supreme Court in the United States v Leon changes to this rule, namely when the search is not completely accord with the program requirements, if the police did have a Good Faith and Rea sonable Belie, the court in the trial of can refer to the evidence. But for the police evidence has been obtained by means of illegal search is still out. In this case, the court is to order, with the result that justice is not done, resulting in the conflict between order and justice value.

Although the constitution supervision between the order and justice value conflicts under certain circumstances, but the constitutional supervision order and justice value, after all, is an organic unity of the whole between them remains consistent with each other, interdependence, mutual coordination of relationship. Value because the constitutional supervision is the main body scale to measure the unity of subject and object, the ultimate goal is to is to build the foundation, with the development of the "people" is the core of the value of all around. As Marx said: "man is man's world, is the state, society." As a result, "function and activities of the country is functions and activities of man... Function of state and so on is just one way of the existence of social traits and activities ":" society itself that is in the social relations of human itself ". The constitutional supervision is also a kind of state function and activity, then, according to Marx's view, the essential function and activity is the human activities and functions. Constitutional supervision, in other words, human is the core, the value of this property should also be with nature. It is because of the constitutional supervision humanistic attribute, order and justice value to provide us with the coordination of constitutional supervision order and justice value of solid foundation. , so to speak, the value target of order and justice is the human eternal pursuit, can say, no order, no justice, no justice based order is not justice. They there is an inseparable relationship between the two, has inherent consistency.

The concept of justice as a social right relationship expression, always relate to the order, order is one of the connotation of the justice. Justice is characterized with order, due to the political animal, man is born destined to social life, left the social relations between people, people can not live. And justice is the basis of the maintenance of social existence, because it provide effective rules for the communication of social life order, provide fair principle for distribution of the interests of the people, set a reasonable system for the relationship between power and right. As rawls says: "in the justice of a society, the various rights guaranteed by the justice, are not subject to political or social interests. Justice principle is the supreme, it is the first virtue of social institutions. "It is because of the establishment of the justice principle and system, to avoid the unnecessary conflict between people. So, from this perspective, social justice means the pursuit of the harmonious and stable social order, good social order must reveal the connotation of justice. Consequently, for the order value of constitution supervision, constitution supervision mainly through three ways to maintain constitutional order like this: one is to limit the exercise of state power in the constitutional regulation range: the second is to control the exercise of the rights of citizens in the framework of the constitution set; 3 it is the relationship between power and right to maintain in a state of positive interaction. And through these forms of constitutional order, itself contains justice demands.

Justice not only has the general social significance and become the social common standard of value, and for order, justice is the foundation of reasonable existence, or the requirements of the inner nature. About the intrinsic correlation between justice and law, not a subjective judgement off the cuff. It is in fact philosophers and legal scholars concluded long research institute. From Plato and Aristotle of ancient Greece to modern law, you have paid the unremitting efforts. Scholars through the study found that, in essence, is a combination of justice and order. As boden hammer pointed out: "in a perfect legal system, the two order and justice value usually do not conflict, on the contrary, they tend to be closely linked on a higher level, harmony." We know that in the modern society, the structure of order rely mainly on the law, but if rely on the law of social order can not meet the requirements of justice, so the first question is order or not, which is the law of "goodness" problem. If the law can not meet the requirement of the essence of "goodness", the result will be judged to be "bad law", and "illegal" evil method. For this problem, more than two thousand years, famous thinker, politician, legal scholars made a detailed in this paper. Such as as early as in ancient Greece, is known as the encyclopedia type of Aristotle and put forward the law problem, he said: "the rule of law should contain double meaning: the universally complying the law has been established; And everyone should obey the law is the law." From the famous thinker, politician, lawyers to digest, this article has discussed the basic principles of law at least: must reflect the will of the masses of the people. Must conform to the objective law; Method must conform to the principle of justice. From this we can see that justice is essential request method. And the method to build up the order also is bound to reflect the requirement of justice, otherwise, it will lose its existing basis.

Justice and fairness are inseparable. Fair, so-called "is the social political interests, economic interests and other interests in the reasonable allocation between all members of society, it means that the rights of equality, reasonable distribution, equal opportunities and judicial justice." Fair means that citizens are equal rights, regardless of gender, race, education level, job and career differences and discrimination; Justice means equality of opportunity, equality of opportunity, you need to design reasonable system, countries need to offer plane made conditions of equality of opportunity; Fair means the allocation of reasonable at the same time, there is a need for countries to provide reasonable and fair distribution system. Second, justice and freedom and equality are inseparable. As the political philosopher John rawls proposed that "justice principle is behind a 'veil of ignorance" selected ", and people in the state of nature behind the veil of ignorance of forming a social contract, freedom and equality are the two principles of justice. This is two principles: first, each people all have the same basic rights and freedoms, including the political freedom should first ensure that fair value; Second, the social and economic inequality should satisfy two conditions: equality of opportunity and at least one of the biggest beneficiaries in accordance with social interests.

Although said that justice is the logical starting point of order, however, the realization of justice principle and connotation, not by justice can be completed on its own, it must be turned into specific system, through the system building of constitutional order, to guarantee the realization of justice. Therefore, for the order of constitutional supervision and justice conflict coordination, because based on the value of justice, and focuses on the value of constitutional order. By forming good constitutional order, guarantee the realization of justice.

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