Perfecting The Supervision Of Our Constitution

The law is the rule of weight, a good law is a prerequisite of good governance. The mission of the law is the sheriff for specific cases Mediating contention, especially constitution as the fundamental law. Any one legal entity, are equipped with the appropriate procedures to ensure their implementation of the law, such as civil law corresponding civil procedure law, criminal law has a corresponding Code of Criminal Procedure, there is a corresponding administrative law Administrative Procedure Law. But the Constitution, in our country and there is no corresponding procedural law as a support. Seemingly complete a constitution, but there is no perfect constitution supervision system to protect them accordingly, and unconstitutional acts frequently occur. Therefore, in order to safeguard the authority of the Constitution and the law, to preserve the unity of the legal order, continuous and decrees reunification, and safeguarding the authority of people's congress system, to protect the constitutional rights of citizens and to combat public power "not as chaotic as" to ensure the successful completion of the Social Transformation, I believe that our country must continue to be improved on the basis of existing constitutional supervision system, the country is currently being vigorously pushed to judicial reform as an opportunity to promote the rule of law in China's socialist construction. In this context the author intends by this study, is the perfection of constitutional supervision system provide an idea. This paper is divided into five chapters:The first chapter, the author introduces the definitions and concepts of constitutional supervision, the relevant definitions and concepts including constitutional review, including judicial review of constitutional supervision, so that readers can for the general thrust of this article has a preliminary understanding of the concept, and secondly review the Constitutional Supervision System China in the world and the origin, intended to illustrate:First, establish a constitutional supervision system in line with the national constitution has become a trend for national development; the second is having a perfect description of our constitutional supervision system needs of the times and historical soil.The second chapter, the author analyzes the US-led judicial review of unconstitutional act, because Germany and France as the representative of the specialized agencies dominated constitutional review of the status and characteristics and mode of formation. It elaborated on the advantages and disadvantages of the aforementioned countries mode, to provide reference for the theory and practice of the Perfection of Constitution Supervision System.The third chapter analyzes the current situation and the problems of constitutional supervision system, points out the shortcomings of the existing system, our constitutional and legislative provisions of the NPC and its Standing Committee law is the main organ responsible for our constitutional review, however, the NPC Standing Committee as a permanent organ of the NPC, not just specialized agencies responsible for constitutional review, the law can not be enacted by the NPC constitutional review; China's current laws and regulations of all the provisions of constitutional supervision system in more scattered; there is no clear sanctions unconstitutional; the judiciary can not use the constitutional referee. The above problem is an obstacle to the construction of the rule of law, and to complete the Shiba Jie Fourth Plenary Session of the intended target, it is necessary to perfect the existing constitutional supervision system.The fourth chapter focuses on the perfection of constitutional supervision system of meaning, but also why. Mainly with some of the more prominent problems existing in our country is analyzed, maintain the authority of the Constitution, the NPC remodeling authority and the protection of private rights, ensure the stability of our society in transition.The fifth chapter is the key sections of this paper, the author questions the basis of the text on the front to try to find a solution ideas. According to constitutional review earlier analysis of the United States, Germany, France and other countries, summarizes outstanding experience, combined with China's actual conditions, may establish a permanent body under the National People's Congress - Guardian Council, responsible for legislative review and conduct of its organs review, while the country at all levels of the judiciary that the court set the constitutional Chamber, responsible for ordinary citizens to the Constitution demands. Thus, the Constitution of the judiciary responsible for the specific case to work, while the Guardian Council is responsible for "abstract" review process if the courts in constitutional cases in doubt, escalation to the Guardian Council, which has the final decision. Guardian Council is a vertical system, the lowest level is the city divided into districts. National Guardian Council oversees the work of local Guardian Council, but shall not interfere. In addition to setting the specialized agencies, should amend the relevant laws, the integration of the current messy regulations specify appropriate sanctions unconstitutional. I contemplated this model will review the abstract and concrete review of the combining full play to their performance, not only helps improve our constitutional supervision system of our country to achieve this great goal of China's rule of law is more an irreplaceable role in promoting.