The System Of Constitutional Interpretation Program Research In China

Constitutional interpretation is the key measure of the implementation of the Constitution,in the construction of the rule of law shoulder an important historical mission.The constitutional interpretation process is the core element of the constitutional interpretation.Without the operation of the procedural system,the constitutional interpretation can only be in a quiet state.Only by perfecting the corresponding constitutional procedure system can the real potential of the constitutional interpretation be released and the constitutional power effect.Through public procedures can improve people's public participation in constitutional interpretation,to enhance people's understanding of the Constitution and constitutional beliefs,so that the spirit of the Constitution in people's minds take root.The obvious flaw in our country's constitutional interpretation system is that it only stipulates the subject of the constitutional interpretation,and it is a poor and white state in the interpretation procedure and the supporting measures,which greatly limits the function of the constitutional interpretation.Although the constitutional and practical circles of the Constitution are aware of this problem,but confined to the Constitution is a political law,and political issues closely related to this fear also to a certain extent,this fear slowed down the constitutional development process.Under the "four comprehensives" national strategy,reform and stability,the rule of law and the rule of man,the relationship between the state and the individual should be faced with relocation,but also for the overall regulation of the Constitution made an urgent request.The Fourth Plenary Session of the Eighth Central Committee of the Communist Party of China made clear its support for constitutionality and brought self-confidence and opportunity for the study of constitutional circles.Therefore,it is imperative to complete the construction of the constitutional interpretation system,which does not meet the requirements of the times.This paper is divided into the following four parts: the construction of China's constitutional interpretation system as the core,The first part mainly studies the basic theory of constitutional interpretation and constitutional interpretation procedure.Firstly,it analyzes the related concepts of constitutional interpretation and constitutional amendment,legal interpretation and unconstitutional review.Secondly,it analyzes the three characteristics of constitutional procedure in order to carry out and Ready to grasp,and finally clarify the function of the constitutional interpretation process in order to in-depth understanding of its importance.The second part is the analysis of the history and present situation of the constitutional procedure system in our country.The author discusses the legislation and practice of the history and constitutional interpretation procedure explained by our constitution.The third part mainly analyzes the system of constitutional interpretation system,and makes a deep understanding of the constitutional procedure system of Germany,France and the United States,so as to provide a useful reference for the rapid construction of our constitutional procedure.The fourth part mainly discusses the related measures to improve the system of constitutional procedure in our country,and analyzes and constructs them from the aspects of explaining the subject,explaining the reasons,explaining the starting mode,the concrete procedure and the effectiveness.