Study On The Constitutional Competence Of Administration Subject

The life of Constitution depends on the implement of Constitution. If Constitution can't play the role of regulation power and protecting right, it is just a piece of paper which is full of human rights. Therefore, the Communist Party of China and our government highly enforce the implement of Constitution and laws. Chinese President Hu Jintao gave a speech in the 20th anniversary of our Constitution promullgated in 2002,he pointed out:"to implement the basic strategy of governing the country under the role of law, the implementation of Constitution should be put into the first place." However, Constitution can't implement automatically, it needs to be implemented and enforced by the subjects. Compared to Legislative and judicial power, Administrative Power mostly are responsible for the implementation of the Constitution and laws, are dominant force for Constitution implementing . Administrative subject as the carrier of Administrative Power, is important subject of Constitution implementing.As to the problem that how Administrative subject putting Constitution into effect in the progress of law enforcement, scholors at home and abroad start to come up with the concept "constitutional competence". Constitutional competence of administrative subject is administration subject' competence of obligating Constitution, applying and developing Constitution in the progress of real administrating. In detail, it is a kind of competence about obligating Constitution, administrating by law, handling emergencies, institutional innovations, updating Constitution Ideas. It is not only a kind of legal capacity, but also a kind of behavioral competence; At the same time, it is a kind of service skill and technical skill.Through reviewing the history of the constitutional competence of administration subject from The Third Plenary Session of the 11th Central Committee, we Summarize experiences and inspiration, then towards the new problem in the new date, we suggest some ways to improve the constitutional competence of administrative subject. At first, Training Administration Subject' constitutional thinking ways; Secondly, establishing a scientific and comprehensive training systems of constitutional knowledge; Thirdly, establishing a effective Performance Evaluation Mechanism of constitutional competence; At last, strengthening theoretical studies in constitutional competence of Administrative Subject.