The Reform Of Chancellor's Constitutional Interpretation In China Taiwan Region

After a comprehensive defeat in the Chinese civil war,the Kuomintang(KMT)retreated to Taiwan in 1949 and carried out the ”Constitution of ROC”,establishing government based on five separation of powers.The judicial yuan is endowed with judicial power,as one of the five powers.Judicial yuan chancellors are responsible for the explanation of constitution.Chancellor's constitution interpretation system in Taiwan came out and developed.At first,chancellors exercise the power of interpretation constitution in the form of conference,along with the development of the reform of Taiwan's constitutional government,Constitutional Amendment endowed chancellors with the power to hear party unconstitutional dissolution case as well as the "President","vice President" impeachment,in the form of constitutional court.“Constitution of ROC” was initially designed to the scope of application to the whole China,but in the end only operate in Taiwan area.Its obscure description about Judicial Yuan result in long-standing dispute on the position of judicial yuan,which makes the chancellor's constitutional interpretation system birth defects.Chancellor's constitutional interpretation has played an important role in the development of democratic rule of law,and the development of democratic rule of law in Taiwan request more to chancellor's constitutional interpretation.Present "Chancellor's Interpretation Procedure Law of Judicial Yuan" was enacted in 1993,more than 20 years not modify,has been unable to meet the needs of chancellor's constitutional interpretation practice.In Taiwan under the background of "judicial reform",chancellor's constitutional interpretation system reform has become a heat topic of concern." Chancellors have done some modification on the rule of interpretation by making constitutional interpretation,but it is passive and partial.Legislation is the only way to reform the rule comprehensively.There are several dispute about chancellor's constitutional interpretation system reform,such as whether to introduce constitutional appeal system,the existence of pure constitutional explanation and unconstitutional declaration form and effective.The judicial yuan in 2013,submit a draft to the "legislative yuan",trying to legalize the rules that originate from the chancellor's interpretation practice,and has carried on the response to the controversial problems in reform of the system.This draft reflects the judicialization orientation of reform.But because of "legislation","justice" and "administrative" forces are trying to dominate the reform,the political forces in Taiwan are highly fragmented and lack of a strong core of leadership,the opinion is difficult to coordinate,lead to the order is not clear,reform achievements of the reform is not obvious.The Reform of Chancellor's Constitutional Interpretation is a crucial part of constitutional reform and will have a fundamental impact on Taiwan's development of legal system.Both Taiwan and mainland belong to one China,sure we should pay close attention to reform of the system.At the same time,the Taiwan region has nearly seventy years of history of interpretation constitution,making more than 700 interpretation and has accumulated rich experience in "constitution" implementation,its interpretation of the constitution system reform experience and lesson will be helpful to the mainland to perfect the system of constitutional implementation.