The Constitutional Power To Interpret The Comparison Study

As the load carrier of the constitutional interpretation, Operation of the power of interpreting the Constitution is to achieve constitutional interpretation of the fundamental way. In fact, the explaining of the constitutional interpretation is around that how to exercise the power of the constitutional interpretation. Thus the study of the power of constitutional interpretation will improve the system of constitutional interpretation , and implement the spirit of the constitution. Throughout the world, the Constitution of constitutional interpretation countries in the West have a good operation, which formed a relatively completesystem of the constitutional explanation, it is worth our draw. Therefore,the Westernconstitutional power to interpret the Constitution of the country's research will help us learn the advanced experience of Western countries to China's interpretation of the Constitution play a guiding role in the operation. In this paper, interpretation of the Constitution, from their ownership type, mode of operation and constraints way to start the interpretation of the Constitution to compare research and analysis, and summary and summary of the Western countries to study the power of interpreting the Constitution advanced concepts and excellent experience. Finally in the interpretation of our Constitution deficiencies in the operation, according to the Comparative Study of reference that China should consider vesting the power of interpreting the Constitution Reconstruction and operation.Text of this paper is divided into four parts. From the first part of the Constitution vested in the power of interpreting the type of study who should exercise specific interpretation of the Constitution. From a global perspective, in all countries the main mode of constitutional interpretation is divided into the main legislature to interpret model, the ordinary courts interpretation mode, as well as specialized organs explained three types of models, the author theory and practice from the perspective of its analysis and presentation, and Comparative Analysis of the characteristics of its own, finally pointed out that the impact of globalization under the constitutional, the main mode of interpretation had emerged as a result of the trend of learning from each other; The second part focuses on the power of interpreting the Constitution from the constraints of ways that improve the interpretation of the constitutional procedures of the power of binding the best way. According to the Constitution to explain the main differences in interpretation of the Constitution have different procedures, different interpretations on the interpretation of the main procedures analysis, and the author of its characteristics emerged to a summary; The third part of the power of interpreting the Constitution from the start mode of operation, focusing on interpretation of the method to study the Constitution. Because it is concrete operation, thus interpretation of the Constitution and the general interpretation of the method is not much difference method, the author of the law in accordance with different cultural backgrounds, were summed up and summed up the common law and civil law interpretation of the Constitution, and Two Schools of this explanation to the comparison and analysis; The article will be the last part of the objective of China, pointed out that China's constitution by the National People's Congress Standing Committee to interpret the lack of exercise at the same time that China should reconsider the operation of interpretation of the Constitution, the Constitution and from the main explanation to explain the procedures and explained that the Western approach to China's national constitutional reference.