Theory Of Institutional Reconstruction Of Chinese Constitution Supervision

Legal supervision is an important basic subject of law science, and the study of the mode of constitution supervision is the core of the legal supervision theory. How to supervise and ensure the implementation of the constitution is a very important problem about constitutional practice all around the world. Since coming out from the constitution as the fundamental law of the country, a lot of countries around the world ,in different forms successively , have set up and checked whether the general legislation or administrative statuted accords with the system of the constitution, usually called The examination of violation of the constitution or The review of constitutionality, so as to ensure supreme legal effect and position of the constitution. The review of constitutionality that the constitution of our country establishment is that The supreme state organ examines and makes, this mode can belong to the mode of legislature supervising , but supervised by the The supreme state organ it is an incomplete examine system, set up specialized committee that constitution supervise guarantee his validity while being difficult; And this system lacks of two greater defects about the standing organization and examines of procedure in the course of operating correspondingly, although to a certain extent to making remedy to the law, check violation of the constitutions regarding to the law and corresponding processing measure, etc. problem does not make stipulations . So, the constitution supervisory system of our country needs being complete, if we want to accomplish this, key lies in reforming current system of Examination violation of the constitution of our country, this must draw lessons from relevant systems of foreign countries . In Summary, there are three basic kinds of mode of The examine violation of the constitution in the whole world at present, the mode of the legislative body supervising, the mode of judicial organization supervising, the mode of full-time organization supervising. Through the investigation to these modes can know that the system of legislative body and ordinary court of checking violation of the constitution is not fit for actual conditions and need of our country, the mode of full-time organization examining violation of the constitution can compatible for political system of our country, this system is favorable to the poeple's congress system, on the basis of adhering to the principle,exercise the restriction mechanism of power sound in accordance with the law. Full-time organization supervise mode from in form concrete to divide for represented by Germany constitution court mode and with committee's mode , constitution of...