The Status Of China’s Interpretation Of The Constitution Procedures Mechanisms, Problems And Solutions

Constitutional interpretation procedure is the process of interpreting the Constitution, which includes Constitutional interpretation methods, procedures and sequence. It includes the objects and methods of Constitutional interpretation, the filed of Constitutional interpretation, accept and examine and explain effectiveness and so on. The real effective functioning of Constitutional interpretation, depends on the support of the reasonable program of the Constitution interpretation. As a preventative and implementation methods, the program design interpretation of the Constitution should be more strict than the general legislative process but less strict than the program of making or modify Constitution. Interpretation of the Constitution is rooted in the national program of Constitutional review and judicial proceedings, the different constitutional framework and judicial traditions in different jurisdictions determine its diversity. According to system for the review of constitutionality, it can be divided into abstract type of interpretation and case-based interpretation.The current situation and problems of China’s interpretation of the Constitution procedures mechanisms are: the main content of theoretical research focused on the Constitutional interpretation of the ontological and methodological aspects, among which the most studied aspects of Constitutional interpretation on the concept, the research program involving Constitutional interpretation is not enough depth; On legislation, the current Constitution only provides the execution of power of constitutional interpretation for the NPC Standing Committee, but neither the Constitution nor the legislative law mention that which subject can request a Constitutional interpretation of the provisions, there is no provision which process should be conducted in accordance with constitutional interpretation activities, you can say that the program was constitutional interpretation blank in our legal system; in practice, because there is no specific provision on constitutional interpretation program, coupled with our interpretation of the Constitution and there is no uniform manifestation standards, so that our country if there is a true interpretation of the Constitution is controversial; the ideology, poor awareness of the Constitution is one of the reasons hinder our interpretation of the Constitution’s procedural mechanism for the development, because if you ignore the constitutional authority, unaware the constitutional role to safeguard their rights, then the legitimate rights and interests have been infringed would not expect such a remedy, there is no need to interpret the Constitution, the constitutional mechanism to explain the program there would be no value, but will not be developed.Interpretation of the Constitution mechanisms is a necessary condition to improve the development of the Constitution;it is the meaning of the construction of the rule of law; it is the objective demand in the period of social transition in China;it is a key factor in promoting the implementation of the Constitution. Perfection of the Constitution should be interpreted procedural mechanism for the following aspects: constitution interpreter special laws, in the form of clearly defined legal body of the request to start a program of constitutional interpretation, constitutional interpretation request acceptance procedures, interpretation of the Constitution Drafting case and review process, in the form of constitutional interpretation and validity and interpretation of the Constitution and published case; in constitutional interpretation program mechanisms involved in the introduction of constitutional expert system; once again, to strengthen the academic theory of constitutional interpretation procedure system; enhance the whole society Constitution awareness program to promote the development of constitutional interpretation mechanisms.