Study On The Subject Of Constitutional Interpretation In China

The Constitution,as the fundamental law in a country,rules the elemental problems,which aim to protect people's basic rights from invasion. The interpretation of the constitution is very important to help the constitution being implemented smoothly. The problem that which entity could be the eligible subject of constitutional interpretation is foundational and necessary. The Constitution of the People's Republic of China entitles the Standing Committee of the National People's Congress as the subject of interpretation.However, according to the practical experience these years, the committee hasn't fully exercised the power to interpret the constitution which leads to the interpretation of the constitution ineffectively. It is irrational and inappropriate to entitle no matter the committee currently or take-ism judicial department even a new specialized state organ to be Chinese constitutional interpretation subject. Therefore, the paper set to study by anglicizing and designing a mode of subject of constitutional interpretation with Chinese characteristics, in order to make the constitutional interpretation and the Constitution come into effect.The paper consists of five parts. The first part mainly introduces the background and the necessity of the study, containing the conclusion and analysis of current research on the subject of constitutional interpretation from domestic and overseas, and put forward the innovation point of this paper. The second part mainly considers the conventional theories,including the concept definitions, the authorities of the subject of interpretation, determining principles and theoretical foundations of kinds of models. The third part mainly discusses the developed types and advantages of the western countries, and proposes references to our mode by evaluating strengths and weakness of these countries' modes. The fourth part mainly analyzes the current situation and the problems of the subject of constitutional interpretation in our country, incorporating the historical experience and cases of these interpretations, and points out the problems exist in our interpretation system. The last part is the conception of perfecting the Chinese constitutional interpretation subject, providing the multiple subjects of interpretation mode, analyzing the connotation and value of the mode, and present the solutions of the problems in the inner structural design and the conflicts of function. This part also provides other supporting measures on the subject of Chinese constitutional interpretation.