Research On Confirmation System Of Constitutional Convention

As one of the ways to implement the constitution,the constitutional convention has the foundation of formation and development in every country.However,the constitutional convention will also encounter some problems in the process of its development.These problems hinder the function of constitutional convention and the implementation of constitution.Therefore,it is necessary to establish the confirmation system of constitutional convention.The contents of the confirmation system of constitutional convention include confirming the convention which is in accordance with the constitution and negating the convention which is not in accordance with the constitution.The system belongs to constitutional supervision in nature.The supremacy of constitutional norms and the principle of power restriction provide theoretical support for the establishment of the system.At the same time,the mode selection of this system also needs to be consistent with the constitutional culture of every country.From the perspective of the effect of constitutional convention,the main function of the confirmation system of constitutional convention is to implement the constitution,and the incidental function is to supervise the implementation of political power.In our country,it is necessary,feasible and important to establish the confirmation system of constitutional convention.There are living conditions which are suitable for constitutional convention in our country.Constitutional practice has developed many constitutional conventions.But they are in trouble in the process of their development.The formation of constitutional convention is blocked,the space for its development is squeezed,and it is easy to be broken.These difficulties hinder the implementation of the constitution.The confirmation system of constitutional convention can solve this problem effectively.Therefore,in order to solve the dilemma of constitutional convention,it is necessary to establish the confirmation system of constitutional convention.The supremacy of constitutional norms,the research of constitutional convention and constitutional supervision provide theoretical support for the construction of the confirmation system of constitutional convention in China.The perfection of relevant legal norms provides legal support for the construction of this system.The attention of the Communist Party of China has provided policy support for the establishment of the system.Finally,the establishment of confirmation system of constitutional convention will be of great significance to strengthen the constitutional authority and to bring about the smooth reform of the constitution.The confirmation system of constitutional convention requires specific operational norms.As for the choice of the pattern,the mode led by the judiciary and the specialized organs is not suitable for China's national conditions,and the NPC and its standing Committee shall exercise the power of confirmation.With regard to the criteria for the confirmation of constitutional convention,the following points should be taken into account:the content needs to be closely related to the constitution;the course needs to be tested by long-term constitutional practice;the nature needs to be in accordance with the constitution.As for the start-up and operation,first of all,the qualification of making a request or proposal of confirmation for constitutional convention may be given to the political subjects such as the Communist Party of China,the Political Consultative Conference,the State Council,and so on.In addition,the eligibility to apply for confirmation shall be granted to ordinary citizens.Then,the relevant norms such as the Legislation Law and the Rules of Procedure for the National People's Congress may be consulted to deliberate the confirmation bill of constitutional convention.Finally,a bill that enters the voting procedure after deliberation shall be passed by a majority of more than 2/3,and the results of the voting shall be announced by the NPC and its standing Committee.As for the effect of confirmation,the nature of the constitutional convention will not change after it has been confirmed.It will continue to guide the operation of political life in the form of convention.It still does not have enforcement power.However,the operation of the confirmation system of constitutional convention will make the nature and content of the constitutional convention more clear,and ensure the exertion of its function.The construction and implementation of confirmation system of constitutional convention will be challenged and challenged.But this is not a reason to do nothing.Only by the accumulation of little by little can we promote the development of the confirmation system of constitutional convention and even the whole constitutional system.