The Rebuilding Of Investigation Of Violating Constitution In China

Constitution is country's fundamental law , which is a basis and core managing state affairs according to law. Whether constitution puts politics stability and all-round development being put into effect , being related to the country into effect, and system building-up violation constitution is examined developing, one of the system having resolved this one difficult problem , importance being the law-ruled country. Investigation of violating constitution as indispensable basis of modern law-ruled country system guarantee , importance being that civil fundamental right and liberty can be come true ensures that, the important link being that constitution can be put into effect smoothly , the important foundation stone being to prop up constitutional government society. The system violation of the constitution is examined so to speak is that one kind of constitution adopting commonly in every country nowadays ensures system.That investigation of violating constitution is according to legal procedure point to the organization having violation of the constitution examining right, if all laws and statutes, order and punishment examining and judging that accord with constitution, and give the system punishing to the unconstitutional act. It has the fundamental function ensuring that the highest of constitution, guarantees human rights , restricting authority and coordination , resolving authority conflict. It produces and develops process middle in the person, having case in court or not is to there be no the sex examining principle , closing constitution deducing principle , procedure examine and the entity examine the principle being tied in wedlock each other and political matter does not examine principle step by step have formed a few bases , main.Making a general observation of the world ruling the comparatively perfect country by law, investigation of violating constitution system being performing the important role in whose politics system , diversity , violation of the constitution that background waits for because of regime of every country , law tradition , culture examine but system having diversity also respectively. Diversity examining an organ's according to violation of the constitution, the main current investigation of violating constitution a pattern in the world nowadays having four kinds the following , is that legislature investigation of violating constitution a pattern , average court investigation of violating constitution a pattern , constitution court investigation of violating constitution the pattern and constitution committee violation of the constitution examining a pattern.Violation of the constitution of our country there exists time in the system examining very shortly. The first step beginning from 1954 in constitution has ascertained violation of the constitution examining system , the short time queen has been only an empty title but very much right away , can be appeared once again also just now until the constitution promulgation , our country violation of the constitution examine system in 1982. Ceaselessness is perfect with our country legal institutions , the system violation of the constitution is examined improves and perfects also unceasingly, but violation of the constitution currently in effect examines system existence still is burning a little faulty and no complete place, multielement, is complicated if investigation of violating constitution an organ , procedure and way that investigation of violating constitution do not improve and perfect, the marriage partner that investigation of violating constitution is unitary and the violation of the constitution failing to materialize to law examines to wait as well as investigation of violating constitution system scatteredly. Disobeying currently in effect.The author thinks that rebuilding of violation of the constitution is our country examines system, the violation of the constitution being not denying to political system of our country currently in effect, but being that again structure build is suitable to our country social development in the nowadays within active people's congress system of our country political system examines system. Be to set up a organization that investigation of violating constitution under NPC , be called "National People's Congress violation of the constitution examining a committee" , be been called "violation of the constitution for short examine a committee " , responsible for NPC, interfering with , authority of office not accepting any organ , nongovernmental organization and individual within terms of reference are independent. Violation of the constitution "the office , examining a committee setting up the touring" being equal to high-grade court rank in every main place is whose agency , accepts and hears relevance law case , examines a committee examining and verifying makes a final ruling together from violation of the constitution.