Constitutional Interpretation Start Mechanism Research In China

Constitutional interpretation program is the important technology for the implementation of the constitution, in accordance with the order of the continuity it can be divided into drawing, screening, acceptance, interpretation, reviewing, publishing and taking effect. Constitutional interpretation start mechanism including the drawing, screening, accepting. The legislative law promulgated in China in 2000 made some rules of constitutional interpretation start. In succession in the following of the rules of procedure of the NPC standing committee and other normative documents, also involves a lot of the rules of the starting mechanism of constitutional interpretation. But there are still many problems, leading to the practice of constitutional interpretation harder, working hard to play, the implementation of the overall state of a pickle.Currently, governing the country by constitution and law has become a basic consensus on the party leading the people in the governance of the country. The fourth plenary session of the party's 18 put the improvement of the constitutional interpretation application as an important content. In response to political decision and the citizen's demands of rule of law, our country's constitutional interpretation program must be constructed, especially the mechanism to start. This paper study the interpretation of the constitution of the core problems of the implementation of the constitution alone, having very important theoretical and practical significance. This paper is divided into the following four parts.The first part is summary of constitutional interpretation to start the mechanism. Through the discussion of this part I will clarify the constitutional interpretation of the basic concepts, basic classification and research significance of constitutional interpretation to start the mechanism, laying a solid theoretical basis for the following.The second part is comparative study between various country. Combing Britain and the United States German and French and other developed countries under the rule of law the constitution text and constitution practice, the author summed up the constitutional interpretation start mechanism of France, the United States, Germany and the UK model, extracting the basic experience of western countries constitutional interpretation start and beneficial enlightenment to our country constitutional interpretation start.The third part is the analysis of the practical difficulties and reasons of constitutional interpretation start. In the first the author inspected the specification of involving constitutional interpretation start at the present stage in China, expounding the practice of constitutional interpretation in our country start trouble, and explain why it's so tough for launching.The fourth part is the construction of starting mechanism to explain the constitution of our country. Take example by the basic experience of constitutional interpretation rule of developed countries for reference and practice of the implementation of the constitution in our country, the author advocates starting mechanism of our country's current constitution reconstructing. Reconstructing constitution interpreting start mechanism: The first is to take the initiative to start constitutional interpretation of the NPC standing committee's power; The second is to build a similar mechanism like Germany or France by the constitutionality of the ordinary court to start the first program; The third is to set up a similar mechanism like Germany's constitution appealing boot mode; The fourth is a clear screening of constitution explanation case standard.