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Research About The System Of Constitutional Interpretation Of Our Country

Posted on:2011-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:C TianFull Text:PDF
GTID:2166360308454298Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The Constitution was regarded as "the general statute governing the country and bringing peace" and "safeguard the rights of the people book" is the basic law of the country. But in China, which mainly reflected the principle as a requirement rather than the legal weapons can be used, as well as someone the question: The Constitution is not law. Constitution and constitutional government in the West generated, the evolution of history has shown: the authority of the Constitution from the Constitution of the effectiveness of implementation of constitutional government can not be separated from the implementation of the constitution system. Therefore, to build a constitutional process is the reality of China's Constitution has become an important subject of theoretical research. So far, about the constitutional aspects of the interpretation of in our country is a matter of ideas or ideal model system for the design, explained the theory of our Constitution and its system of innovation to build not only the constitutional state with the West there is a large gap, even with Hong Kong, Macao and Taiwan region of China's legal interpretation of the general study of the situation compared to, but also has a great defect.Naturally, people would ask such a question of practice, that is, how will such a move ought to be a real likelihood, or how to arrive from a realistic position on the other side of the ideal. Although this is a more important and urgent problem, but the practice of evergreen, any theory is gray, especially in China now or established a specific time-space environment, the expectations of those who give a ready-made The answer is undoubtedly yes reluctance.Although the system of constitutional interpretation have been identified in the Constitution has made some achievements in the practice of constitutional interpretation on the useful experience accumulated, but the current system of constitutional interpretation are still major deficiencies exist with obvious defects. Relating to the interpretation of our constitution set up the legal system of scattered "Legislative Act", the only reference to the general legal interpretation of the procedures. Economic and social development, democracy, rule of law society to explain the object of the Constitution, the main, constitutional interpretation and the constitutional amendment and other controversial issues are put forward new requirements of the times, our system of constitutional interpretation should be set up to explain that the creation of our Constitution system, system goals, to follow the Constitution of the maximum effect, to uphold the constitution of the unity and dignity, to explain the principles of the system by starting with the basic theory of constitutional interpretation, and then through the enumeration of our practice of constitutional interpretation from one of the shortcomings pointed out, and then separately to explain China's Constitution The theory part of the system, entities and procedures for part of our system of constitutional interpretation given to re-architecture.
Keywords/Search Tags:Constitution, Constitution interpretation, research of system
PDF Full Text Request
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