On The Implementation Of The Mechanism Of Constitutional Interpretation Procedures

In 2014,the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China adopted the Decision on Several Major Issues Concerning Comprehensively Promoting the Rule of Law,which clearly stated that it is necessary to "improve the constitutional supervision system of the National People’s Congress and its Standing Committee,and improve the constitutional interpretation procedure mechanism.";In 2019,the Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China adopted the Decision on Several Major Issues on Adhering to and Improving the Socialist System with Chinese Characteristics,Promoting the Modernization of the National Governance System and Governance Capacity,which proposed to "strengthen the implementation and supervision of the Constitution and implement the constitutional interpretation procedure mechanism." As can be seen from the above two documents,the change from "sound" to "implementation" means that the practical requirement of initiating China’s constitutional interpretation procedure mechanism has become a social consensus.Therefore,it is of great academic value and strong practical significance to discuss the constitutional interpretation,elements of constitutional interpretation procedure mechanism that already exist in the practice of rule of law in China,and how to improve and implement the constitutional interpretation procedure mechanism.By analyzing China’s current constitutional interpretation practice,the four constitutional interpretation models that can be discussed include legislative constitutional interpretation,abstract constitutional interpretation,accessory constitutional interpretation,and independent constitutional interpretation model,so as to provide suggestions for the initiation and implementation of the constitutional interpretation procedure mechanism in China.In view of the current practice of rule of law in China,China should open China’s subsidiary constitutional interpretation procedure mechanism through the constitutionality review system.This mechanism may initiate the constitutional interpretation procedure mechanism in the filing review and the review proposals submitted by citizens and organizations.It is inevitable that the content of the corresponding constitutional provisions will be interpreted,so as to activate the accompanying constitutional interpretation procedure mechanism,so as to truly implement China’s constitutional interpretation procedure mechanism,revitalize the constitution,safeguard the authority of the constitution,and ultimately achieve the purpose of protecting the basic rights of citizens.