元首宣誓对象研究及其对我国的启示

A Study on the Objects of Constitutional Oath of the Ruler and Its Enlightenment to Our Country

从世界范围内来看,元首宣誓的对象可以归纳为两种类型:一是选民,二是法官。对选民宣誓与对法官宣誓是两种不同性质的宣誓,蕴含了不同的理论逻辑。前者暗含了"人民至上"的逻辑,推崇民主价值,强调的是维护人民意愿在现代政治国家中的重要性;后者则暗含了"司法至上"的逻辑,推崇自由价值,强调的是保护公民权利在现代政治国家中的重要性。与其他国家不同,我国元首在宣誓时是面对国旗、国徽宣誓的。面对国旗、国徽这些政治符号宣誓的仪式,在政治上具有政权认同的功能,此与我国古代的国家祭祀具有同质性。但是,国家祭祀强调的是权力来源与膜拜的神灵有着某种神秘的关系,因而神灵构成了对祭祀者的约束。

Around the world, object of constitutional oath of the ruler can be classified into two types ： voters and judges. Oath in front of voters or judges are two different kinds of oath, which encompass different theoretical logic. The former implies the logic of ＂people supremacy＂, where the value of democracy comes first and people＇s will shall be respected in the modern state. The latter implies the logic of ＂judge supremacy＂ , where the value of freedom comes first and people＇s civil rights shall be protected in the modern state. In China, the ruler should take an oath in front of the national flag and the national emblem. This oath has the functions of political identity and social control, which is similar to ancient national sacrifices. National sacrifices are focused on the relationship between the source of power and spirits, which means these spirits become the overseers. However, the oath of ruler can not show any relationship between the source of power and the political symbols. The oath is non-religious and therefore invalid. By learning from other states, oath of ruler in china can be taken in front of the voters. The ruler may be stipulated to take an oath in front of the NPC, indicating that the ruler＇s legitimate power is under the supervision of the people.