China Constitutional Interpretation Procedural Mechanism Construction

Interpretation of the constitution is the fundamental element of constitutional development,It plays a very important role in promoting implementation of the constitutional concept and constitutional enforcement.But if has no specific constitutional interpretation procedural mechanisms to protect and regulate the operation of power,constitutional interpretation can not be carried out, the constitutional life will also like "backwater".In our country,the constitution clearly defined that the NPC Standing Committee exercise the power of constitutional interpretation,but in practice there is almost no authoritative interpretation of the constitution.This is mainly due to the country not have developed a specific and feasible procedural mechanism of constitutional interpretation.With the rapid economic and social development,our country currently is in a period of reforming and comprehensively advancing the rule of law,many new problems and disputes have emerged while law cannot solve it.So,there is a urgent need for constitutional interpretation in real life.The fourth plenary session of the 18 th Communist Party of China(CPC) Central Committee proposed that “To realize the rule of law, the country should be ruled in line with the constitution”,and “should promote constitutional interpretation procedural mechanism”,it provides opportunities and motivations to implement our constitution, then a new round of research and discussion of constitution and constitutional interpretation procedural mechanisms has been taken.On this basis, i proposed that we should construct a concrete and feasible procedural mechanisms of constitutional interpretation.First of all,i defined the concept and scope of constitutional interpretation procedural mechanism,and distinguished difference of some related concepts,and expound the function and significance.Secondly,from three levels of system, reality, history to demonstrated the necessity of establishing the procedural mechanisms,and investigate and analyze the status of legislation and implementation of procedural mechanism of constitutional interpretation.There is just general regulations about interpretation organ and purpose of constitutional interpretation in China's current constitution and law.However, how to exercise on constitutional interpretation, procedure, the effect such issues are lack of specific legal basis.Also there are many problems about the status of implementation.Such as:the NPC Standing Committee didn't pay much attention to constitutional interpretation's function,and National Legislative Affairs Commissionof the NPC Standing Committee act as the constitutional interpretation institution.The judiciary abuse the judicial interpretation power, even overstepped constitutional interpretation,and so on. Thirdly,compare and analyze the constitutional interpretation mode of specialized agencies of European civil law.Analysis of the German Constitutional Court mode and the French Constitutional Council mode,thus obtained the theoretical and practical experiences in constructing the constitutional interpreter mechanism.Finally, on the basis of the aforementioned analysis,From five specific aspects of the subject, range, start program,procedures,the effect to build constitutional interpretation procedural mechanism.We must follow the relevant laws and regulations of "the Constitution" and "Legislation Law",and based on the constitutional framework and power setting.We should absorb experiences what is worth we learning and practice from Specialized agencies interpret mode,then complete, detailed program of constitutional interpretation procedure further. build the feasibility and effectiveness of the program mechanism functions.Thereby we can build a feasible and effective function constitutional interpret procedural mechanism.It can promote the implementation of the constitution, comprehensively advancing the rule of constitution in China.then safeguard the authority of the constitution, and ultimately make the fundamental purpose of protecting the fundamental rights of citizens come true.