Establishing And Perfecting Our System Of Constitutional Interpretation

Constitutional interpretation is a great problem both in theory and practice in the field of the science of constitution. The way to build up and perfect China's constitutional interpretation system is a big inevitable historic subject for all experts and scholars who concern themselves with Chinese constitutionalism construction.With the development of constitutional practice, recently in China, scholars in the field of the science of constitution start to concern the research of constitutional interpretation system, primarily accumulate some achievements and then come to some agreements on some questions? For the sake of Chinese constitutional construction, it's a real difficulty and focus on how to realize the function of the constitutional system in theoretical field. Although many experts and scholars put forward their own points of view, they still hold arguments and hardly come to consensus. On the other hand, the research mainly focuses on the main body of the constitutional interpretation without analyzing and researching Chinese current condition thoroughly. So to speak, the present achievements on this subject are far less than practical need.Basing on the predecessors' experience and using dialectic and historic analysis, inductive and comparative methods, this paper detailedly analyzes the theoretical schools and the system construction of the western countries' constitutional interpretation system, and the status and problems of the Chinese constitutional interpretation system. Besides, it probes into how to realize the functions of constitutional interpretation within the existing system, so as to provide a practical theoretical construction and system device for Chinese constitutional interpretation.This paper is composed of preface, main text, and conclusion. The main content of it is as follows:Preface. This part mainly expounds the necessity of perfecting Chinese constitutional interpretation system under present circumstances.Main Text. It is composed of four parts. Part one mainly expounds the basic theoretical problems of constitutional interpretation and detailedly expounds the constitutional interpretation system from the angle of concept, principle and method of constitutional interpretation Part two compares and analyzes different country's constitutional interpretation system from the angle of subject, procedure, effectiveness. Part three analyzes the actuality and existing problems of China's constitutional interpretation system from the angle of law and practice, and divides the problems into systemic and essential ones. Part four offers some concrete proposals to establish and perfect Chinese constitutional interpretation system within the existing constitutional government regime, discussing mainly from the constitutionality technology, constitutional application, and the subject, procedure, and form of constitutional interpretation. Among them, the part three and four are the core and emphases of this paper.Conclusion. In the end, the paper expounds that the most important way to realize the functions and effects of constitutional interpretation system is to set authority of the constitution and improve the whole citizens' constitutional consciousness.