宪法宣誓之制度功能

On the Function of the Constitutional Oath System

2018年宪法宣誓制度正式写入我国宪法修正案,是中国共产党领导人民全面推进依法治国方略的重要举措之一。宪法宣誓虽然仅仅是对国家工作人员入职时的仪式安排,对他们日后的职务行为没有直接的强制约束力,但却发挥着仪式特有的心理暗示和教化功能,有助于依法治国理念的落实和强化,有助于宪法权威的确立和维护,有助于人民权利的尊重与保障,在培育对宪法及法律的内心确信和自觉遵从的心理意识方面有着不可替代的作用。

The constitutional oath system was officially written into the Constitutional amendment in 2018,which is one of the important measures for advancing the strategy of law-based governance under the leadership of the Communist Party of China. The constitutional oath is only a ceremonial arrangement for the national staff members at the beginning of their career and has no direct binding force on their later behavior,but it has functions in respects of psychological cues and enlightenment. It helps to strengthen the concept of law-based governance,to establish and safeguard the authority of the constitutional law and it also helps to ensure the respecting and protecting the civil rights. It plays an irreplaceable role in nurturing the psychological consciousness of inner conviction to the Constitution and law and self-conscious compliance with them.