Research On Constitution Supervision System Of China

The Constitution is the concentrated reflection of the Party and people,and a fundamental law formulated on the basis of scientific and democratic formalities,having the supreme juridical status in China.For a long time,the authority and dignity of the Constitution is not corresponding with its status,which can be attributed to the insufficient implementation of the Constitution,the absence of supervision over the implementation,and there is no responsibility investigation or punishment upon the acts violating the Constitution.The Fourth Plenary Session of the Eighteenth Central Committee of the CPC proposed that “to realize the rule of law,the country should be ruled in line with the Constitution;to realize the governing by law,the state power should be exercised according to the Constitution”.It is necessary for administrating the nation and exercising state power according to the Constitution and rule of law in China to guarantee the implementation of Constitution,strengthen the supervision of Constitution,establish the authority of Constitution and maintain the dignity of Constitution.In the matter of the practical situation of constitutionalism in China,the Constitution supervision system plays an important role in guaranteeing the implementation of Constitution,carrying forward the spirit of Constitution and building the harmonious society and propelling the progress of the rule by law and so on.However,there are still some imperfections and deficiencies: For example,there is no specialized institution to fulfill the Constitution supervision responsibility,the supervision system is simple and the supervision procedures are insufficient and there is no normalized Constitution supervision and so on.The thesis is oriented by practical problems,and begins with the difficulty in implementation of the Constitution to focus on the supervision issue.The thesis advises to establish the Constitution Committee under NPC fulfilling the duty of Constitution supervision,responsible for investigating,adjudicating and correcting the law(s)and act(s)violating the Constitution to maintain the authority and dignity of the Constitution so as to improve the implementation of Constitution and arouse the vitality of Constitution.First the thesis introduce the background,significance of research,the status quo of research topic at home and abroad,the research thought and method of the thesis,and the innovation of the thesis.Then the chapter starts with the Constitution supervision system & basic theory to analyze the concept connotation of the Constitution supervision and the distinction & comparison of relevant concepts,and deepen the theoretical knowledge on the Constitution supervision and make theoretical preparation for the follow-up expansion of the thesis.The next chapter introduces the classic constitution supervision system in the western world and respectively analyzes the formation and development,main features,and advantages & disadvantages of the general court supervision mode,the specialized institutions(constitutional court or committee)supervision mode,and the legislative body supervision mode,and then conclude the experience and inspiration that can be imitated in the construction of constitution supervision system in China on the basis.The thesis introduces the history and status quo of the constitution supervision system in China,analyzes & discusses the problems in the Constitution supervision,and thinks about the deep reasons of problems,and then makes use of the entry point to improve the constitution supervision system in China.At last the thesis discusses the necessity of improving the constitution supervision in China,introduces mainstream thoughts concerning the improvement of the constitution supervision system in China,and demonstrates the feasibility of the judicial office & specialized institution supervision system,making the conclusion that at the present stage,the optimum system choice in China is to establish the Constitution Committee under NPC,and proposes the specific system design for the Constitution Committee pursuant to the practical situation.