| The constitution is the fundamental law of our country and it is the law of law.It has the highest legal effect in the legal system of our country.This is the intuitive impression given by the Constitution.However,the connotation of the constitution does not stop there.Maintaining the constitutional legal order,limiting public power,and protecting the basic rights of citizens are the essence of the constitutional spirit.With the continuous progress of our country's legal system,the Constitution has received more and more attention from the country.In order to govern the country according to law,we must first adhere to the principle of administering the country in accordance with the constitution.To adhere to the rule of law,we must first and foremost adhere to the principle of governance in accordance with the Constitution.However,as Professor Lawrence Schober of Harvard Law School said: "The constitution is an inexhaustible language in which all generations of a country participate in dialogue." Although the constitutional text is fixed,social development is changing with each passing day.The law of "law and time shift" also applies to the constitution.If the constitution does not develop with changes at any time,it will fall into the old-fashioned and inflexible position and form a flaw in the current reform and development of our country.Constitutional interpretation and constitutional revision are all important methods for the development of the constitution,and they are all important systems for implementing and guaranteeing the implementation of our constitution.Compared with the constitutional amendment,the constitutional interpretation can satisfy the constitution to meet the needs of social development,and it will not cause social shocks.Therefore,the constitutional interpretation should be the first choice for implementing the constitution.Since the Fourth Plenary Session of the 18 th CPC Central Committee,the Central Government has successively put forward guidelines for “Improving the procedural mechanism for the interpretation of the constitution,strengthening the implementation and supervision of the constitution,and promoting the review of constitutionality”.However,China's constitutional interpretation is not optimistic.From the implementation of the 82 nd Constitution,the Standing Committee of the National People's Congress has not yet conducted a statutory interpretation of the Constitution.The legislative basis for constitutional interpretation is also limited to Article 67 of the Constitution concerning the Standing Committee of the National People's Congress.Has the right to interpret the Constitution and supervise the implementation of the Constitution.In view of this,on the basis of reflecting the inconsistent interpretation of our country's constitution,Han Dayuan and other domestic scholars drafted the “Constitutional Interpretation Procedure Law”(Expert Suggested Draft).The expert's draft proposes a detailed system design for the specific procedures for the interpretation of the constitution in China.This will provide a clear legal basis for our country's constitutional interpretation.However,academic circles have not systematically studied this achievement.This article intends to carry out a systematic research analysis of the expert's proposal draft,starting from the theory and practice,pointing out the problems in the expert's proposal draft,and put forward corresponding improvement suggestions.The full text is divided into five chapters.The first chapter introduces the research background and significance of this article,as well as the innovation.The second chapter examines the principle of loyalty to constitutional principles in the General Principles and clarifies the basis for constitutional interpretation.The third chapter studies the main body of the constitutional interpretation and its scope of interpretation.Starting from the main problems that restrict the interpretation of our country's constitution,we propose to construct a system of compound interpretation-subject system and explore the path out of the predicament of China's current constitutional interpretation.The fourth chapter studies the request body of the constitutional interpretation,and conducts research on the four main types of constitutional interpretation requests submitted by the proposed draft.The fifth chapter is the study of the validity of constitutional interpretation. |
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