On The Interpretation Of The Constitution By The Ruling Party In The Contemporary China

In contemporary China,the ruling party,the Communist Party of China,plays an important role in the implementation of the Constitution,in the sense that the ruling party also performs the function of constitutional interpretation in a certain sense.This article summarizes this constitutional phenomenon as "the ruling party releases the constitution."Studying this phenomenon is conducive to a comprehensive understanding of the relationship between the ruling party and the constitution and the method of the party's constitutional rule,it is conducive to maintaining the stability of the constitution and comprehensively understanding the way in which the constitution with Chinese characteristics is implemented.From a practical point of view,the party mainly interprets the Constitution in the Party 9s comprehensive documents or special documents such as the Party Constitution,the political report of the Party's National Congress,the decision of the Central Committee of the Communist Party of China,the Political Bureau of the CPC Central Committee,and the specific regulations of the Party.Relevant provisions in the middle.The object of interpretation is mainly concentrated in the preamble of the Constitution and the relevant provisions of the generaloutline.The”ruling party's interpretation of the constitution" has the basis of legitimacy and rationality.The "ruling party's interpretation of the constitution" is contained in the party's leadership(or ruling status),and the party's leadership(ruling status)is the historical choice of the Chinese people.The constitutions of the history since the founding of the People's Republic have confirmed the leadership or ruling status of the party.The Constitution is the unity of politics and law.China's special national conditions determine that China's constitution has a strong political programmatic.The preamble and general outline of our country's constitution more reflect the ruling party's general policy agenda.In the process of constitutional governance,the party will inevitably keep pace with the times when designing the current specific policy agenda and specific govermance objectives.The relevant part of the constitutional provisions(general political programmatic provisions)that have a high degree of principle and generality in the formulation of words are specifically explained.The Communist Party of China is a faithful representative of the fundamental interests of the overwhelming majority of the people.The party's interpretation of the Constitution has a profound public opinion base.The ruling party's enrichment and development of the constitutional content is often fully documented in the Constitution.It also shows the unity and coordination of the party's leadership,the people,s mastery of the country and the rule of law.In understanding the nature of the "ruling party's interpretation of the constitution",it should not be limited to some traditional principles of constitutional interpretation.Although the Communist Party of China does not belong to a specific series of state organs,the nature of "party leadership" determines that the party's interpretation of the relevant provisions of the Constitution is entitled to interpretation.The party's leadership and the constitutional ruling method determine that the party's interpretation of the constitution is a constitutional interpretation and is different from other types of constitutional interpretation.The party's interpretation of the Constitution is both different and related to the interpretation of the Standing Committee of the National Peopled Congress.There are great differences between the two aspects of the constitutional cause,the constitutional effect,the constitutional form and the scope of interpretation.The Standing Committee of the National People's Congress explained that the constitution can be either an active explanation or a passive explanation;the "ruling party's interpretation of the constitution" is an active explanation.In terms of the effect of constitutional interpretation,the Standing Committee of the National People's Congress acts as the statutory constitutional interpretation body,and its interpretation has legal effect.The“ruling party's interpretation of the constitution" has policy effects.Compared with the form of the ruling party's interpretation of the constitution,the NPC Standing Committee explained various forms including "resolution" and "decision" and ordinary legislation.In terms of the scope of interpretation,the NPC Standing Committee explained the entire constitution,including the preamble,the general outline,and the power boundaries of the state organs and the basic rights and obligations of citizens,but if the preamble and the general political program in the general outline are explained,At the time of sexual regulations,the interpretation of the Standing Committee of the National Peoplets Congress will inevitably be influenced by the ruling party's relevant interpretation."The ruling party's interpretation of the constitution" will not affect the constitutional interpretation power of the Standing Committee of the National People's Congress.With the further development of the implementation of the Chinese Constitution,it is very likely that there will be a certain mechanism of division of labor and cooperation between the two to maintain the stable and continuous operation of our Constitution.