Research On The Establishment Of Constitutional Supervision System In China

Constitutional supervision system is one of the important criterions to measure the degree of rule of law in a certain nation. The core meanings of constitutional supervision fulfilling are limiting the powers and protecting people’s basic rights. According to the provisions of the Constitution, both the NPC and the NPC Standing Committee have the rights to supervise the implementation of constitution. It seems to indicate that China has preliminarily established a constitutional supervision mechanism. However, from the year1982, when the latest Constitution; of China was made, nearly no constitutional supervision case has occurred till today. We have to wonder that the existing monitoring system is not suitable for the practicality and authority of the Chinese Constitution. Starting from the existing constitutional supervision system, this paper explores the issue of design of the Chinese constitutional supervision system in four parts.The first part analyzes today’s constitutional supervision subjects. It first points out the two disputes arising from the regulations of the Constitution to the supervision subjects:whether the NPC has the power to interpret the Constitution; whether the laws should be the objects of constitutional supervision. These disputes indicate that today’s regulations are thoughtless in both the subjects and objects of supervision. The second section describes the inherent tension between constitutional amendments and constitutional interpretation, and concludes that constitutional supervision and its interpretation have a close relationship. This part finally analyzes the plights of the current constitutional supervision system by illustrating three aspects, including the proposers, the powers of the authorities and the relationship between constitutional interpretation and Constitutionalism.The second part explores the pros and cons if the judiciary acts as a constitutional supervision subject. The social basis and the independent impartiality of the judiciary are its natural advantages as a supervisory body. But the judiciary also has its own difficulties. The article analyzes such difficulties from the aspects of constitutional and legal regulations, the problem of the universal effectiveness of judicial interpretations and the subordinate position of the judiciary in China.The third part is the core and innovating point of the thesis, describing that the establishment of a specialized constitutional supervision department is reasonable for China. The author raises the concept of the NPC of Constitutionalism in abstractive logic. By comparing the single political principle and the dual-track one, and by distinguishing the NPC of Constitutionalism and the NPC of legislation, the article emphasizes the important significance of the concept of the NPC of Constitutionalism. The establishment of the Chinese Constitutional Supervising Committee can rightly reflect the significance. It is at the same level of the NPC of Constitutionalism in abstractive logic. Both the constitutional supervision and interpretation powers are exclusively reserved by:the Committee. The article argues the rationality of the Committee to be the subject of constitutional supervision by illustrating the angles of the national institution system and the vitality of the rule of law, etc.To further refine the settings of the Constitutional Supervising Committee, the fourth part explores three matters about the Committee, including the personnel system, the objects of supervision and the supervisory procedures. Firstly, this part discusses the generation and composition of the Committee members and the principles of liability and evaluation. Secondly, it studies the issue of the objects of supervision. Finally, it analyzes the procedure-settings of the constitutional supervision in three aspects, including the triggered procedures, the evaluation procedures and the processing of the assessing results.