On The Choice Of Constitution Interpretative Organ Mode In Our Country

Interpretation of the constitution is the vital means to guarantee the implement of constitution and the choice of the constitutional interpretative organ is the precondition of that. The countries which can use the constitution appropriately establish customized constitutional interpretative organ generally. For instance, UK is to interpret the constitution by parliament while by common law court in USA. Constitutional law committee is the organization to interpret the constitution in France while constitutional court shares the same duty in Germany.China's Constitution clearly states that the NPC Standing Committee is the organization to interpret constitution and supervise its execution. But for various reasons, the NPC Standing Committee has never interpreted constitution on some specific case and that makes the power to explain the constitution remain a state of vacancy for a long period of time. We can't help to think thoroughly that how to make best use of the constitution explanation power and not limited to the constitutional rules. Considering the basis of China's specific national conditions with experience in other countries, we hold the view that there should be some specialized constitutional court to perform power of examination starting system and constitutional interpretation, which guarantees constitution implementation and protects basic civil rights.This paper is divided into four parts. The first part is to discuss the theoretical basis of constitutional interpretative organ, which includes the definition of constitution interpretation and constitutional interpretative organ with its current theoretical difference. The second part is mainly to introduce three constitution interpretative organ modes---legislative body as the interpretative organ mode in UK, general court mode in USA and special organ mode in France and Germany. By comparative analysis on these three modes they each have their pros and cons and it cannot be imitated and taken in China. The Third part is to do status analysis on our constitutional interpretative organ and point out the principal problem in constitution interpretation. The paper stresses on the second and third part. The fourth part is to analyze necessity of establishing the specific constitutional court to do constitution interpretation from the angle of theory and practice, and to make theoretic discussion on concrete setting (includes the legal status, functions, jurisdiction and operational procedure) of constitutional court in China based on the Germany mode.