On The Perfection Of Constitutional Supervision System In China

The Fourth Plenary Session of the eighteenth CPC Central Committee have made the Decision of the Central Committee of the Communist Party of China on a number of major issues concerning the overall promotion of the rule of law(herein after referred to as the "Decision"),it put forward a series of full implementation of the "rule of law" which has a global, fundamental major decision of the new concept and system design. One of the biggest bright spot is to establish the constitutional supervision system. Decision clearly stated: “to further improve the implementation of the constitution supervision mechanisms and procedures, and to raise the overall implementation of the constitution to a new level.” At the same time, put the establishment of this system in the first place. in promoting the rule of law China construction. The establishment and perfect of the constitutional supervision system is necessary and is the important significance in advancing the rule of law in the process.Concerned China’s current political system and social conditions, we should still adhere to the National People’s Congress as the subject of the constitution supervision system, and this imagination is based on comparing and analyzing foreign constitutional supervision system of experience and domestic scholars to improve the comprehensive analysis of China’s constitutional supervision system idea.The article is divided into five parts:The introduction part mainly introduces the research background and significance of the topic of this paper, and brief analyze the domestic and foreign current on the constitutional supervision system status, to clarify the significance of this paper; and introduce the research ideas and methods briefly of the paper.The second chapter of this paper mainly reviews the relevant theoretical knowledge of the constitutional supervision system. First expounding the concept of constitutional supervision,Through the introduction of the concept of constitutional supervision put forward by the academic circles. Next by comparing the concept of constitutional supervision with related concepts, namely the constitutional review,constitutional litigation, and the implementation of the constitution, it is clear that the object of this article is to study the constitution supervision system, but not the otherrelevant systems. In addition, it summarizes the characteristics of the constitutional supervision system, and it can be more accurate to distinguish between the constitutional supervision and other concepts. At the end of this chapter, we analyze the necessity of the establishment of the constitutional supervision system, in order to reveal the development environment, it is urgent to establish and improve the constitutional supervision system.The third chapter mainly introduced in the United States, France, Germany and the United Kingdom as the main representative of the world countries four typical constitutional supervision system, a brief analysis of the history of the development of the four countries the system of constitutional supervision, introduces the main content of their constitutional supervision system, and the system of constitutional supervision in the development of modern countries. Through the analysis of this chapter, I would like to express is no matter what kind of constitutional supervision system has its specific historical background, the reason of the constitution supervision system’s development and growing must be in line with the actual situation in their country..The fourth chapter of this article first making a brief introduction and analysis from the constitution, legislation and regulations for the record and the judicial interpretation of the provisions of the constitutional supervision system. Then the current constitutional supervision system of our country cannot effectively play its role in the implementation of the protection of the constitution of the reasons for the analysis, to provide the basis for the argument. At the end of this chapter, the author analyzes the requirements of the practice of the rule of law in the development of China’s constitutional supervision system, in order to prove that it is urgent to improve China’s constitutional supervision system.The fifth chapter of this article mainly aims at the improvement of the existing constitutional supervision system in our country and puts forward some countermeasures. Before put forward countermeasures, first of all from the fundamental political system of our country, the supreme authority of the dominant position, maintenance the stability and authority of the Constitution for the three angle of argument in China adhere to the National People’s Congress and its Standing Committee where the reasonableness of the constitution supervision system of the subject, under the present condition of our country implementation of otherconstitutional supervision system and environmental conditions are not yet ripe.Secondly, it puts forward some opinions on the perfection of the constitutional supervision procedure, including the establishment of the main body and the specific organization, the improvement of the procedure, and the replacement of the standard of the examination. After that, the author put forward some opinions about the division of the central and local authority in the process of constitutional supervision,and then put forward the countermeasures and suggestions from four aspects. In the end, the author puts forward some suggestions and ideas on how to strengthen the constitutional supervision of the judicial organs in the judicial organs, and the author puts forward some suggestions and ideas on the basis of drawing lessons from the research achievements of scholars in the academic circles. The last part is the final expression of the author himself on the improvement of China’s constitutional supervision system of some immature ideas, in order to hope for the perfection of China’s constitutional supervision system to contribute their modest power.