Discussing To Build The Binary Constitution Interpretation System In Our Country

Firstly, this text introduces the bisic theory of constitution interpretation system, clairify the concept of constitution interpretation and constitution interpretation system.It obtains a concept of constitution interpretation from the main , object, occasions, limits and the effectiveness ,and has a clear difference among constitution interpretation and constitution amendment and constitution understanding. Building a country constitution interpretation system should be guided by bisic principls, including the principl of national conditions that must be in line with our country political system and legal traditions , the principl of sovereignty that must safeguard the the masters status of the people, The principl of protection of human rights that must be conducive to the protection of fundamental human rights of citizens. The value of the pursuit of goals, including the authority to establish the Constitution, implementation of socialist democracy and building socialist political civilization. Next, a comparative analysis of the foreign country ripe constitutional interpretation of the constitutional system. To the Soviet Constitution, the Constitution of Vietnam, represented by the Constitution of the legislature-based theory to explain the basic structure, the specific settings and procedures, as well as the advantages and limitations of the system. To the Constitution of the United States, represented by the general court-based interpretation of the Constitution the theory of basic structure, the specific settings and procedures, as well as the advantages and limitations of the system. Constitution of France, Germany, represented by the Constitution of the specialized organs of the constitution-based system, the theoretical basis to explain the specific settings and procedures, as well as the advantages and limitations of the system. With a view to the constitutional system of our country to build for reference. The third part of the first analysis of the constitutional text of the Constitution of our country to explain the system requirements. Article 67 of the Constitution of China clearly stipulates: the National People's Congress Standing Committee to explain the Constitution and supervises its implementation. However, this requirement has a different understanding of academia, For the practice of the Standing Committee of National People's Congres over whether or not to exercise the powers of constitutional interpretation as well as those acts are in the exercise of that power has a lot of controversy. At the front on the basis of the author can make the path to constitutional interpretation at the National People's Congress Standing Committee to establish our country have the constitutional power to interpret the right to review and unconstitutional, the people's courts have the constitutional power to interpret the application of the quasi-binary system of constitutional interpretation. Demonstrates the focus of people's courts have the constitutional power to interpret the feasibility of the application.Finally, I made our country the Constitution of quasi-binary system to explain the specific construct. At the National People's Congress Standing Committee to explain the Committee set up under the Constitution, Full-time interpretation of the Constitution Committee is responsible for interpretation of the Constitution and Judicial Review questions. National People's Congres formulate constitutional law "interpretation of the Constitution Act," the interpretation of specific provisions of the Constitution forms, procedures, interpretation and explanation of the scope of the principle. Courts at various levels in the adjudication of cases encountered in the course of the rights of the parties have been violated are the rights set forth in the Constitution no specific law to protect, they can directly apply the Constitution to protect the rights of the parties. If in the course of adjudicating cases consider a law and regulations in violation of the Constitution should be suspended to hear instructions to the Supreme People's Court. If you think does not violate the Constitution of the Supreme People's Court may be required to the parties which the court trial, Contrary to the Constitution of the Supreme People's Court of Constitutional Review Committee to explain the application. Constitutional interpretation of the Board's review should consider declaring the unconstitutional laws null and void, According to the Constitutional Court the parties to explain the decision of the Commission to hear specific cases. I put forward to explain the quasi-binary system of the Constitution may not be the most reasonable interpretation of the constitutional system, But indeed are fully taken into account the political system of our country , It conducive to safeguarding the authority of the Constitution, to protect the constitutional rights of citizens.