Research On The Mode Of Constitutional Supervision System Of Our Country

The constitutional supervision mode in the world can be grouped into three categories:the supervision system of the judicial organs,the supervision system of the specialized organs and the supervision system of the supreme state organs.The current constitutional supervision mode of our country belongs to the supervision system of the highest state organs.But the defects in the practice are gradually revealed,for example,the lack of specialized constitutional supervision institutions,the constitutional supervision of the legal system is not perfect,the constitutional supervision process is not perfect and so on,resulting in the citizens of the constitutional rights and obligations difficult to achieve.Therefore,choosing the constitutional supervision mode which is compatible with our national conditions and its constitutional system is the key to perfect our constitutional supervision system.The National People's Congress and its Standing Committee are the constitutional supervision organs of our country,but it is not a special constitutional supervision organ.To improve China's constitutional supervision system,it is proposed to set up a constitutional supervision committee under the National People's Congress,The establishment of a large area of the Constitutional Court,specifically the exercise of constitutional oversight functions.At the same time,the establishment of constitutional litigation system,the judicial organs and the legislature to jointly monitor the legal norms of unconstitutional matters.This paper starts from the present situation of our country's constitutional supervision system,and under the revelation of the constitutional supervision mode,we will study the constitutional supervision mode of our country from the following five parts:The first part is the introduction,introduces the purpose of the topic,clarifies the three main problems that need to be studied,and its current research on the main problems,and its research significance and research methods.The second part clarifies the related concept of constitutional supervision,and points out that constitutional supervision belongs to the concept of "group concept".Only by clarifying the connotation and extension of constitutional supervision,constitutional supervision is divided into generalized constitutional supervision and narrow constitutional supervision.In addition,it points out the existing problems of the existing constitutional supervision in the system level and its implementation level,which is mainly embodied in the absence of special constitutional supervision organs in our country,and the lack of constitutional supervision system and its procedural requirements.The third part elaborates the design pattern of the foreign constitutional supervision system,reviews the implementation mechanism of the foreign constitutional supervision system,and expounds its revelation to our current constitutional supervision system.The most important thing is to establish a special constitutional supervision organ and perfect the constitution Explain the procedure.The fourth part elaborates the feasibility of the common supervision mode of the Constitutional Committee and the court,points out the advantages and disadvantages of this constitutional supervision mode,and elaborates the operational problems and other related issues that should be dealt with in practice.In the fifth part,through the classification analysis of the constitutional supervision mode proposed by our domestic scholars,the paper puts forward the choice of constitutional supervision mode which conforms to our country's national conditions.The specific plan is designed to establish the level of the Standing Committee of the National People's Congress with the National People's Congress Standing Committee Constitutional Supervision Committee,and with reference to the Supreme People's Court to set up the court to establish a large regional constitutional court,the two division of labor,and jointly assume the constitutional supervision responsibilities.