On Complement Of Constitution Interpretation Mechanism In China

During the period of polish and adaptation between hysteretic constitution context and quickly changed real life, constitution interpretation has its own advantages of being flexible and efficient to make the constitution advance with the times and sustain its stability and authority comparing with other evolution progresses like constitution amendment and constitutional litigation. It is our urgent affair to take actions into consolidating the status of constitution being the "mother law" and applying the government and citizens for obeying it voluntarily and enforcing strictly on the basis of widely accepted by the society when we are now under the realistic difficult position which the constitution interpretation mechanism is to be activated in our China. What need to be emphasized is that we need to establish and perfect the constitution interpretation mechanism, norm-setting its behaviors and procedures in the context of boosting "ruling country by law".The importance of "ruling country by law" has been promoted to a brand new height in the 4th plenary session of 18 th CPC Central Committee,and the key matter is how to impel the execution of constitution, reinforce the supervision and safeguard. However, in our country, the Standing Committee of the National People’s Congress was endowed with the power of “to interpret the constitution and supervise its enforcement”, nevertheless without the execution of duty and did not make specific stipulation of constitution interpretation mechanism. When retrospecting the 34-year’s implementation of the operating constitution, you cannot find even one proper example of the Constitution interpretation. If there comes the situation which constitutional norm does not coordinated with the social reality of the situation, the only feasible measure would be undermining the stability of the constitution amending procedure. On the other hand, through unremitting efforts of constitutional scholars, the current domestic studies on the Constitution interpretation have reached to measurable results, but still lack of inquiries on Constitution interpretation procedure. In view of this, the paper focuses on the topic of “the saneness of constitutional interpretation mechanism in China” in order to promote the optimization construction of constitution interpretation mechanism in China, and reflects the trend of “ruling country by law” has also accomplished the concept “rule the country by constitution” for keeping pace with the changes of the Constitution, as well as the real needs.This thesis has been divided into six parts; the key expounding point is to discuss the complement of constitution interpretation and how to choose the best scheme of it, and then conceive the basic framework of constitution interpretation mechanism.The first part is introduction of summarize like researching foundation and theoretical model.The second part elaborates the basic theory of constitution interpretation, and also concludes the existing problems by combs with current situation of legislation and operating conditions, so that illuminate the necessity, essentiality and feasibility of complement the constitution interpretation program in China.The third part makes comparison and analysis of the constitution interpretation program in those main western countries which these subjects have been depart into different territories according to their diversified interpretation power, therefore come up with enlightments and references which could be helpful for Chinese constitution interpretation system.The forth part goes in-depth discussion on the core content, that is, several basic issues of constitutional interpretation procedure and corresponding solutions, and focuses on setting forth the basic concepts which should initiating the development of this mechanism and effective concepts of its key ideas.The fifth part carries out specific recommendations and practical measures of improving constitutional interpretation procedure in our country at the basis of our fundamental realties.The last part summarizes the conclusions of this article and reveals the promulgated law constitution interpretation procedural law could aggressively promote the implementation of the constitution. While it is a long-standing project of accomplishing “rule the country by constitution” we need to try our best efforts with our society and continue with the past and open up the future of the progress of constitution.