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On The Perfection Of The Constitutional Interpretation System Of China

Posted on:2018-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
GTID:2346330566950302Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
System of constitutional interpretation is a constitution in our country in the development process,academic research and practice of major issues,which is related to the next phase of the constitution of our country,whether in today's complex society continue to maintain exuberant vitality of an important measure.With the formation of the constitution,the system of constitutional interpretation also come out and develop in certain ways.In recent years,our country pay much attention to research and development of the constitutional interpretation system,its research also gradually become deep,and we have got some research findings from some problems.But at present,what cannot be ignored is the constitutional interpretation system in our country still has many problems,these problems make the constitutional interpretation system in our country develop slowly,embodied in the constitution interpretation model is not reasonable,the imperfection of the corresponding measures.The system of constitutional interpretation of the constitution is playing an increasingly important role in the development process,it focuses on supervise and urges the implementation of the constitution,safeguards the dignity of the constitution,safeguard the authority of the constitution etc.Based on the importance of constitutional interpretation itself,western constitutional interpretation system develops relatively long and has a complete system,and has certain value of reference and learning.Therefore,in this case,it is necessary to perfect constitutional interpretation system in China.This paper,from the perspective of the summary of introduce the basic theory of constitutional interpretation to,in view of the scholars have put forward different views,from the aspects such as subject,object,occasions,limit definition of constitutional interpretation,and to explain the necessity of constitutional interpretation,principles,methods and so on several aspects;Second,to our country and analyzes the present condition of the development of constitutional interpretation system,from the provisions of the constitution,of constitutional interpretation system in China as well as the operation of the system of constitutional interpretation in practice is analyzed,it is concluded that the implementation of the constitutional interpretation system in our country present situation is not optimistic,and the problem of constitutional interpretation system in our country main performance is: the current interpretation model shortcomings,lack of theoretical research and legislation on contradiction,procedural slightly hollow,operability is not strong and so on.Moreover,looking abroad,the paper introduces the system of constitutional interpretation of some western countries,advanced in the analysis of the sums up the development of constitutional interpretation system of our country at the same time bring reference and enlightenment.Finally,based on the current system of constitutional interpretation under the premise of development present situation,there exists problems in the constitutional interpretation system in our country,this paper puts forward some specific ideas of perfecting our country's constitutional interpretation system,namely by authorized interpretation model,on the premise of this pattern,and through other relevant auxiliary measures,it mainly shows in the way that clear some parts content of the specific constitutional interpretation system,strengthen the academic research of constitutional interpretation depth and effective ways to strengthen citizens' use of constitutional interpretation,so as to promote the further development of the constitutional interpretation system in China.
Keywords/Search Tags:Interpretation of the constitution, Subject of explanation, Explanatory model, Interpretive program
PDF Full Text Request
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