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坚持依法治国首先要坚持依宪治国,坚持依法执政首先要坚持依宪执政。而目前在我国,一些领导干部的宪法意识淡薄、不依宪办事的现象依然屡见不鲜,特别是在行使职权的过程中,甚至还出现了滥用公权力,发生死刑的冤假错案,严重损害了宪法和法律的权威,动摇了人们对法治的信仰。实行宪法宣誓制度的宪法意义在于,一切权力行使都以宪法为依据,一切治理活动都在宪法框架内进行,没有任何超越宪法的特权。随着宪法宣誓制度于2016年1月1日全面实行,已经有越来越多的新任公职人员向宪法宣誓。那么,宪法宣誓制度的实施对国家公职人员,对公民及整个社会来说意味着什么?针对目前众多媒体热议宪法宣誓规范法器使用的法治价值和意义,《中国法治文化》编辑部访谈了中国人民大学法学院院长、教授,中国宪法学研究会会长韩大元。
To adhere to the principle of governing the country according to law, we must first of all adhere to the principle of governing the country according to the constitution, and we must first adhere to the principle of governing by law according to law. At present, in our country, some leading cadres are still weak in constitutional awareness and do not act constitutionally. In particular, even during the exercise of their functions and powers, even unjust and false cases of abusing public power and death penalty have occurred, seriously damaging the constitution and The authority of law shakes people’s faith in the rule of law. The constitutional significance of implementing the constitutional oath system lies in that all exercise of power is based on the Constitution. All governing activities are conducted within the framework of the Constitution. There is no privilege beyond the constitution. As the constitutional oath system came into full force on January 1, 2016, more and more new public officials have taken oaths to the constitution. So, what is the implication of constitutional oath system to state public servants, citizens and the society as a whole? In view of the current mass media’s discussion on the values and significance of the rule of law as used by the Constitutional Oath Regime, the editorial department of “China’s Rule of Law Culture” Dean, Professor of Law School of Renmin University of China, President of China Constitutional Law, Han Danyuan.