| It is the logical starting point to understand the connotation of the constitution supervision mode deeply. Therefore, we should clarify the constitution supervision mode and related theoretical meaning in order to probe into the improvement, at the same time, we should analyze the characteristics of the constitution supervision mode and the necessity of the mode. So the author explains the connotation and the relevant content with comparative methods. The constitution supervision is the sum way to ensure the implement of constitution for violation of constitution; the constitution supervision is the important part in the constitution supervision system. For understanding the meaning of constitution supervision, we should clear the distinction and relation between the constitution supervision and violation. People always confuse the "constitution supervision" and "unconstitutional review" during the research on the constitution supervision system. In the constitution of our country academic circles, some scholars view the constitution supervision and unconstitutional censorship as the same concept, which is not right. There are many differences in the main body, object, and the conception of the constitution supervision and violation, undoubtedly, the crucial part in the constitution supervision is the violation. On the one hand, there are the related relationship between the violation and supervision, violation is the way to implement the supervision, but the constitution supervision has its special meaning in supervising effectively. On the other hand, there are obvious differences between violation and supervision. The author analyzes the differences from four aspects:(1) from the concept, the concept of constitutional supervision than unconstitutional censorship concept (2) from the main body, the constitution supervision and scope of subject to great beyond the unconstitutional reviewing the main area (3) from the object, the scope of object of the constitutional supervision to wide unconstitutional in the scope of object of (4)in terms of form, the form of constitution supervision is more than the unconstitutional review form.The important premise for studying the constitution supervision mode is the characteristics of the constitutional supervision. Therefore, the author analyzed the characteristics in the constitution supervision. The author thinks that, a set of relatively perfect constitution supervision mode must have the following features:1. The supervision means operable and constructability2. Supervision model has comprehensive and integrity3. Subject to supervision with high resistance and effectiveness4supervision and content has the purpose and pertinence.Additionally, the necessity that the paper analyzes the constitutional supervision to study our constitution mode has important significance.1. The characteristics of constitution itself determine the necessity of the constitutional supervision2. International history proved the necessity of constitutional supervision in China3. Practical experience demonstrated the necessity of the constitutional supervision in clarifying the relevant concept and basic theory of the base; author analyzed the main problems in the current constitution supervision system from the constitution supervision mode. China’s current constitution clearly stipulates the exercise of the implementation of the supervision and guarantee the authority of the supreme legal authority, that is the subject of the constitutional supervision of the National People’s Congress and its standing committee. Therefore, our country present law clearly gives the standing committee of National People’s Congress the power of the constitutional supervision. In addition to the constitution supervision, China’s current the organic law of the National People’s Congress ", the legislative law of the People’s Republic of China "and" people’s congresses at various levels by the standing committees of the constitution supervision to make the related regulations, creating the external supervision system, and finally formed three levels of the structure of constitution supervision:the National People’s Congress, the National People’s Congress standing committee of the National People’s Congress, and each special committee. Viewing the existing constitution supervision system, the constitution of our country supervision has the following characteristics:1, the process of constitutional supervision has twists and developmental2, the constitution supervision and a means of comprehensive3, we can find the advantage in our constitution supervision form the basic analysis that the constitution supervision power is administrative subject through the constitution supervision and the relevant legal basis analysis, which has a positive role on the development and progress of our country. First, it ensures the effective implement of constitution, second, it improves the development of socialism; further more it ensures the citizen rights. So we can see the huge role in the implementing the constitution supervision system and get giant achievement, the theoretical advantage is obviously. However, the degree of constitutional supervision in practice operation of the defects cannot be underestimated, such as the subject in a single, procedures multifarious, lack of continuity, etc. Because of the important position in the constitution, we must attach great importance to and detailed analysis of the constitution supervision work existing flaws and problems.Based on the establishment of foreign constitution supervision mode in the process of successful experience, author believes the following problems existing according to the our constitution supervision mode:1. The constitution supervision and lack of effectiveness and maneuverability.2. The constitution supervision and lack of concreteness.3. Supervision and main body qualifications lack of rationality.4. Supervise subject dispersion.5. Relevant judicial authority-court function not fully.6. The constitution supervision and lack of social participation main body.7. The constitution supervision main body lack of technicality. The constitution supervision and lack of continuity.9. The constitution supervision and the lack of comprehensive.10. Monitor the lack of systematic and time limitation. Thus we can see the important meaning to perfect the supervision. First of all, perfecting the supervision of the constitution of the most direct meaning beyond doubt is the guarantee of the constitution should be healthy and effective implementation. Secondly, the result of constitution supervision influences the object effectively. Last, the degree of the constitution supervision mode affect the security of people directly.Based on the previous analysis, author pays more attention to the strategy on resolving our constitution supervision mode. Therefore, according to the success and failure of foreign constitution supervision mode, the analysis of the reference of the elite, eliminate dregs, proposed consummates our country constitution supervision mode choice of possibility. Nowadays, there are four mainly typical constitution supervision modes according to the main body of constitution supervision:1. the United States, as a representative of the constitution supervision mode:judicial... |
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