| Constitutional interpretation mechanism is an institutional arrangement of Constitutional interpretation。It affects the constitutional operation mode and effects directly. Occupies a very important position in the national and social systems. At present, China is in the social transition period. One of the important features of the social in a transition period is variation and innovation of the regime or system which adapt to the social transformation. "Since law is one of social forces, law phenomenon can not always being unchanged with the social changing." There are different mechanisms for constitutional interpretation in different historical periods in a country or in different countries. In China’s social transition Period, Improve the mechanism of constitutional interpretation is one of the main elements of social system reform. Also the key to ensure the successful of social transformation. It is an important aspect of China’s current social management innovation at the same time.With the development of the constitutional system. Many scholars began to focus on the development of the system of constitutional interpretation in our country’s Constitution’s Academia. In recent years, scholars have produced certain views and opinions, and accumulated some achievements, reached some consensus. But how to play out constitutional interpretation system better has become a difficulty. Many experts and scholars have put forward their own views and opinions. But this theoretical circle differ greatly. China have no robust constitutional interpretation system at present. We should make a choice of the method of constitutional interpretation and work out a constitutional interpretation system suited to China’s development. The current mechanisms for constitutional interpretation theories had played an important role a longer period in the past. But with the deepening of China’s social transformation, this theory has exist some serious shortcomings. It need to be improved and perfected urgently. Our current system Provision that our agency to interpretation constitutions are the National People’s Congress.It is in line with our existing conditions as an agency of constitutional interpretation. Our country is a people’s democratic dictatorship’s country. All rights of the country belong to the people. The NPC and its Standing Committee on behalf of the people to exercise their rights. So it’s understandable to be the country’s supreme organ of state power to exercise the right of constitutional interpretation. However, our Constitution only provides our interpretation of the Constitution belong to the NPC Standing Committee, But did not make provisions for the specific constitutional interpretation system. For example, the Standing Committee how to interpret, which aspect should be interpreted, what is the subject of constitutional interpretation, what the running agency is. and what is the explain procedures. So, the NPC Standing Committee to interpret the Constitution when only based on the laws in<Legislation Law>’constitutional text. Most of it just stay in the aspect of the system, in the other word, it explain the constitution text only. And hard to put the interpretation of the Constitution into practice. Just abstract interpretation of the Constitution text and can not be made applicable to them.In today’s society, Our society continues to develop and progress and to strengthen the rule of law, which makes that our current system is facing great challenges. With the development of society, and constantly improve, the political system and economic system, cultural system also needs to constantly improve. Facing the social transition, the existing constitutional interpretation mechanisms can not fully satisfied with the development of the rule of law. Advances in the rule of law, strengthening the rule of law and the concept of the people, so the Constitution can not just stay in the text. Constitution must be universally applicable as other laws. And explain the current constitutional interpretation authorities were still stuck in the abstract interpretation, does not make the Constitution is applicable, so we need to continue to improve the interpretation of constitutional authority.China’s current interpretation of constitutional interpretation made by the authorities are abstract interpretation, To make up the Constitution applies, we must let the Constitution being applied to specific cases and continue to improve mechanisms for constitutional interpretation. The author of this thesis made some ideas according to China’s national conditions and present system, Build a new mechanism to explain the constitutional interpretation of the Constitution under constitutional interpretation mechanism to keep the original premise. In the other words, makeChina’s National People’s Congress the abstract constitutional interpretation authorities to interpret constitutional text abstractly and then set a specific constitutional interpretation agency under the authority of the NPC Standing Committee to interpret the Constitution in specific cases. Making the Constitution is applicable in specific cases. So it can establish a more adapted to constitutional interpretation mechanism of social transition period. by not destroying the basis of the original system, Constitutional interpretation activities are an important role of our modern political practice,it plays an important role in modern political practice. One of Important reasons facing problems for the mechanism of constitutional interpretation encountered in the process of constitutional interpretation is not established a complete mechanism of constitutional interpretation. It reflects that build a reasonable constitutional interpretation mechanism is very important. We must continue to improve the interpretation of constitutional interpretation, and ensure development of political practice... |
PDF Full Text Request