In his article, he pointed out that "the essence of governing the country according to law is to govern the country according to the constitution", and at least the following links should be paid attention to under the condition of market economy: First, there must be a constitution that accurately reflects the existing basic social relations and important social relations of a country; Second, the principle of departmental law must have a constitutional basis or can be effectively supported by constitutional principles; Third, the constitution should be applied, that is, the constitutional provisions should be the basis for judging whether various legal norms and people's legal acts are constitutional; Fourth, the highest legal effect of the constitution should exclude any interpretation and modification of constitutional principles, and the constitution itself should reflect the existing social values, and should not fall into the whirlpool of "evil law is law"; Fifth, the sovereign characteristic of the constitution must be in a dominant state; Sixth, a set of reliable reasoning and deduction techniques must be established from the premise of the Constitution, that is to say, the principle of rule of law should be operated by independent legal techniques; Seventh, the direct purpose of governing the country according to the constitution is to seek the balance between the total amount and structure of social relations in a country from the constitution.
However, such an appeal was not understood at that time. After 18, "the first thing to insist on governing the country according to law is to adhere to the constitution" was written into the communique of the Fourth Plenary Session of the 18th CPC Central Committee and became the highest decision. On the fourth day after the Fourth Plenary Session, the National People's Congress decided to establish a Constitution Day. Mo Ji Hong agrees that the establishment of Constitution Day is the first step to implement the concept of governing the country according to the Constitution, and optimistically expects that after the Fourth Plenary Session, the National People's Congress will take substantive actions in the interpretation and implementation of the Constitution. People's Daily Online June 5438+1October 65438+March 2005: Mo Ji Hong, one of the top ten outstanding young jurists in the fourth session.
Mo, male, 1965 was born in Jingjiang, Jiangsu Province in May. Researcher and doctoral supervisor, Institute of Law, Chinese Academy of Social Sciences. The main research field is constitutional law.
1986 obtained a bachelor's degree in law from the Law Department of Peking University, and 1989 and 1994 successively obtained a master's degree and a doctor's degree in law from the Graduate School of Chinese Academy of Social Sciences. 1992 worked in the Institute of Law of Chinese Academy of Social Sciences.
He is also the vice president of china law society Constitutional Law Research Association, director of International Constitutional Law Association, director of china law society, invited researcher of the National People's Congress Standing Committee (NPCSC) Research Office, and consultant of Beijing Municipal People's Government Emergency Expert Group.
He has won the Excellent Achievement Award of China Academy of Social Sciences, the Excellent Thesis Award of the Ministry of Justice and the Propaganda Department of the Communist Party of China. And participated in the research work of the key project "Research on the Construction of Socialist Democracy and Legal System" of the National Social Science Fund during the Eighth Five-Year Plan. The final results of this project, Some Issues on Improving the Organizational System of the National People's Congress and Some Situations and Suggestions on the Supervision of Local People's Congresses, have been recognized as outstanding achievements of the Academy of Social Sciences.
He has published 7 independent works, more than 30 monographs, more than 400 academic papers and articles, and English papers 10. His main works are: New Theory of Constitutionalism, Overview of Constitutional Judicial System, Legal Limits of Freedom of Expression, Logical Basis of Modern Constitution, Extraordinary Rule of Law during SARS, etc. Based on the reality of China, he discussed many basic theoretical and practical problems of constitutional law, and made innovations in viewpoints and methods, which had certain influence on international and domestic academic circles.
He participated in the drafting and consultation of more than 50 national laws and regulations, and made great contributions to the drafting of the Law on Earthquake Prevention and Disaster Mitigation, the Law on Emergency and the Law on National Defense Mobilization. He has written many internal reports on major issues in China's legal system construction, some of which have attracted the attention of party and state leaders, and many of them have won excellent information and excellent countermeasures achievement awards issued by the Academy of Social Sciences. On the afternoon of June 14 and 18, Mo, executive vice president of China Constitutional Law Research Association and researcher of the Institute of Law of Chinese Academy of Social Sciences, was elected as the vice chairman of the International Constitutional Law Association. This is the first time that a constitutional scholar from China has served as the vice-chairman of this international legal organization.
Since the establishment of 198 1 International Association of Constitutional Law, professors Wang, Wang, Pu Zengyuan and Mo have served as executive members of this organization in the field of constitutional law in China. This time, researcher Mo was elected as the vice chairman of the International Association of Constitutional Law, and made a major breakthrough.
Researcher Mo is the third China scholar to hold the post of vice-president in an international legal research organization after the China law circle and the professor took the important leadership position of vice-president of the International Society of Criminal Law, which is another important achievement of china law society's foreign exchange work.
The position of vice-chairman of the International Association of Constitutional Law is distributed by region, and Researcher Mo is the vice-chairman of the organization on behalf of Asian constitutional scholars, which shows that China constitutional scholars have been recognized by international constitutional scholars and are also representative in Asia.
According to the Constitution of the International Constitutional Institute, Researcher Mo will be re-elected as the vice-chairman of the International Constitutional Institute for two consecutive years, which can make a lot of contributions to strengthening academic exchanges and cooperation between Chinese constitutional scholars and international constitutional scholars, and further enhance the academic status and influence of Chinese constitutional scholars.