On The Reconstruction Of Constitutional Supervisory Right Of China

Constitutional supervision is a macro system. The democratic countries in the world all have their own constitutions, which states a country's political system and the citizens'the most basic rights, and thus the contents of constitutional supervision decide its importance. Since the founding of the People's Republic of China, China's constitutional supervisory system has made great development, but there are still considerable shortcomings, including the implementation of constitutional supervision working not well, the fundamental constitutional rights having been violated frequently. With the advancing of the strategy of governing the country by law and people's gradual understanding of concept of legality, public's rights-consciousness has been kept rising. Therefore, constructing the constitutional supervisory system is very important for constructing a harmonious socialist society.This paper attempts to discuss how to construct China's constitutional supervision system from two aspects: power and system. In terms of power construction, I suggest the constitutional supervisory right as the fourth power which differs from legislative, executive and judicial powers, in order to promote its importance in the national power system; in terms of the systems, I suggest set up an authority department to ensure and implement this fourth power, in order to make the implementation of constitutional supervision has a mechanism to exert its long-term efficacy and thus play its real social effects. Meanwhile, as the constitution has been served as the fundamental law, I think we should introduce public's efficient participation during the course of the constitutional supervision so as to bring the social effect of the constitutional supervision into full playThe first part mainly refers to the general view of the constitutional supervisory theories. By introducing its relative background and making contrasts among related concepts, we would have basic view about the constitutional supervisory right.The second part introduces the developing process of China's constitutional supervisory right, then pointing out the achievements and shortcomings in the constructing process. The reasons of these problems are manifold, including the scope of application of the constitutional supervision, the main body of constitutional supervision as well as its running procedures.The third part attempts to strengthen the constitutional supervisory right through stating it as the fourth power, which definitely differs from the legislative, executive and judicial powers. This part discusses the importance of constitutional supervisory right by introducing the functions of the legislative, executive and judicial powers and the necessity of stating the constitutional supervisory right as the fourth power.The fourth part discusses how to construct the constitutional supervisory right in terms of systems, pointing out that we should set up the committee of the constitutional supervision through the Standing Committee, and establish the mode of combining the constitutional court at provincial level to build our constitutional supervision system, which is consistent with our national conditions while monitoring the effectiveness of the Constitution to play. At the same time, it respectively introduces the range, rules and power when dealing with the case of constitutional supervision on the basis of the different characteristics of these two main parts of constitutional supervision.The fifth part introduces the necessity and feasibility of public participation of the constitutional supervision, emphasizing the constitutional supervision should achieve the best social effectiveness and enhance its social adaptation through the introduction of public participation. It also makes some suggestions for public's participation of the process of the constitutional supervision.