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Research On The Constitution And Legal Committee System In China

Posted on:2021-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:X J XuFull Text:PDF
GTID:2506306128977589Subject:Constitutional law
Abstract/Summary:PDF Full Text Request
The Constitution and Law Committee is a constitutional amendment adopted at the First Session of the Thirteenth National People’s Congress to change the "Legal Committee" to the "Constitution and Law Committee." The establishment of the Constitution and Law Committee is an important manifestation of the progress of China’s constitutional supervision system,and it reflects the unity of governing the country by law and governing the country by constitution.And this unique constitutional supervision system will effectively promote the development of China’s constitution,constitutional review and constitutional implementation.It has been nearly two years since the Constitution and Law Commission was established.As a new specialized committee,should it be regarded as a purely constitutional supervision institution,or is it just a simple mechanism based on laws?Obviously,the legal department of the operation is definitely not.It must be a specialized institution with “multiple functions” and flexibility,and its functions will be more abundant and flexible.In the case of "multiple functions",there are bound to be problems beyond our ability.This article will analyze some of these problems and provide some effective solutions.This thesis is divided into four parts: The first part analyzes the connotation and types of the constitutional supervision system,the general situation of the constitutional supervision system in our country,and the development and positioning of the Constitution and Legal Committee.Clarify the inevitability of the constitution and legal committee system in our country;the second part is about the practice of the constitution and legal committee since its establishment,especially some problems in the process of constitutional review,and the establishment of its internal office The third part analyzes the issues that need to be improved on the norms;the third part explores the constitutional supervision system outside the region,mainly analyzing the design and practical experience of the constitutional supervision system in representative countries such as Germany,France,the United States,and Britain After a certain evaluation,we can find something that can be used as a reference for our country to avoid the development of the constitution and legal committee system of our country.We will conclude some suggestions based on the analysis of the problem and the experience outside the region.It mainly involves improving some systems and putting forward some necessary changes while maintaining the stability of the existing system.It is hoped that these analyses and recommendations will play a role in the development of the Constitution and Legal Committee.
Keywords/Search Tags:Constitutional and Legal Committee System, Constitutional Supervision System, Constitutional Review
PDF Full Text Request
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