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On Constitutional Supervision is the key According to the Constitution

Author: BaoYang From: www.yourpaper.net Posted: 2010-06-24 16:18:14 Read:
the [Paper Keywords] constitutional supervision key gaps in recommended
the [Papers Summary] The Constitution is the fundamental law of the country, but the Constitution with civil law, criminal law, etc., but also has the legal effect of the definitive specification. More need to establish and improve the supervision system. We should take active measures. Constitutional supervision system in China to continue to improve and perfect, and the healthy development of the country's political, economic, cultural and other undertakings along constitutional track.
Once legislation is enacted. There must be an unlawful act, is not necessary a viable oversight and litigation system, the law will not be able to carry out and implement its normative function can not play, the law will become a dead letter or no authoritative empty program and moralizing. Constitution and civil law, criminal law, etc., but also has the legal effect of the definitive specification, and in the highest position. More need to establish and improve the supervision system. Constitutional Supervision has an extremely important role in the building of a socialist country under the rule of law.
constitutional supervision is the key According to the Constitution
Any law, even the best laws, if you can not implement, but a piece of paper. "Abiding by the law and its consequences is to make the law useless. Even worse than no laws. This not only greatly devalued the dignity of the law. More scarce, the people of this concept of the rule of law has been weak and easily contribute to the "rule of man" tendency. Therefore, the security laws and in particular the implementation of the Constitution. Extremely important issue is to build a socialist country under the rule of law, constitutional supervision is the key link.
Constitutional supervision, the state and society to take various measures. To ensure that the Constitution shall be fully and correctly implemented system. Its purpose is to ensure the enforcement of the Constitution, and the Constitution to play the maximum political legal and social performance. The reason for the building of a socialist country under the rule of law to strengthen constitutional oversight, in addition to the status of the fundamental law of the Constitution. Mainly include:
(A) to strengthen the constitutional supervision. According to the Constitution in order to protect the state's. Is determined by the nature and characteristics of the Constitution itself
First, the Constitution is the fundamental law of the country, its content has a fundamental and global characteristics, which makes the constitutional norms compared to the general principles of general. Need to develop other laws, the Constitution provides for the principle of concrete. Laws enacted in accordance with the Constitution really constitutionality. You need to have an authority to review and adjudication, in order to ensure the unity of the legal system. Secondly, the Constitution has the highest legal authority, the people of all nationalities, all state organs and armed forces, all political parties and social organizations, enterprises and institutions the basic standard of conduct. "This requires the constitutionality of the body acts sexual conduct oversight, and sanctions in order to protect its unconstitutional act of the highest authority of the Constitution. The j, the Constitution is the protection of the civil rights book. Unlawful infringement of the constitutional rights of citizens by the state organs in the case in accordance with the other programs still can not get the protection of constitutional litigation may be brought, so that the rights and freedoms of the citizens to get a comprehensive and effective protection.
(B) to strengthen the supervision of the Constitution, but also the world constitutionalism practical experience and lessons learned inevitable
American case of Marbury v. Madison established judicial review system, the protection of the implementation of the Constitution of the United States to achieve power constraints, have a pivotal role. The German Constitutional Court as the core constitutional complaint system, the protection of the civil rights of God. France's Constitutional Council, is also of great significance to the maintenance of national unity and stability, safeguard the normal functioning of the state machinery. 1957 to the Third Plenary Session of the Eleventh Central Committee of the practice in China, from the opposite proved. The absence of a complete and unified, authoritative and easy operation of the Constitution Supervision, will inevitably lead to social unrest and the legal confusion
If According to the Constitution is the soul of the rule of law, constitutional supervision is the key According to the Constitution. Therefore, the strengthening of constitutional supervision. Has a huge role in promoting the rule of law and building a socialist country ruled by law. Can even be said that the key to the ability to really establish a country ruled by law.
, of our Constitution supervision system missing
Stipulated in the Constitution and constitutional practice has established constitutional supervision system with Chinese characteristics, and to safeguard the implementation of the Constitution. Safeguard the constitutional authority to produce an important role, but in practice, its role was not ideal, there are still many flaws and loopholes. Mainly in:
(A) lack of understanding of the constitutional nature, status, effectiveness ideas
State organs, social groups, and the majority of citizens as bearers of the constitutional powers and duties, rights and obligations, the level of awareness of the Constitution, is directly related to the status of the implementation of the Constitution. Affect their initiative and enthusiasm in the constitutional supervision. Supreme People's Court as early as in 1955, in a reply to provisions, the judgment of the people's courts at all levels may not invoke the constitutional provisions as the deserved Sentenced in the basis; 1986 create a legal instrument for the people's court should how to refer to a legal normative documents approval "in the Constitution to exclude references beyond. Seems the Constitution became the "Hand of God", which developed in other legal future. They no longer serve any purpose. This allows people to gradually formed the Constitution is not law. Does not have the force of law, the notion that the violation of civil law criminal law is a criminal violation of the Constitution does not matter. So unconstitutional common occurrences, people also indifferent. Lack unconstitutional responsibility system unconstitutional act is not timely and efficient processing more erroneous understanding of the constitutional status and effectiveness to further deepen. "Empirical knowledge tells us, 'law' must be respected by the people. Then have dignity, before you can play a role." Visible. Awareness of the Constitution is not strong. The lack of due respect to the Constitution, has become a major obstacle to the impact of the implementation of the Constitution.
(B) the lack of effective allied agencies. Constitutional Supervision is not a regular
The status of the Communist Party of China's ruling party. Decided to strengthen and improve the Party's leadership, is the key to the protection of our Constitution implemented. But in the practice of constitutional supervision, the party's political security advantages not fully play out and the NPC will only open once a year, only about half of the duration of, and agenda, the powers and functions of l5 items, representative of the quality and difficult to adapt to the supervision of the Constitution professional, high technical requirements. Thus there is no time to take into account the constitutional supervision. The Standing Committee of the National People's Congress meet once every two months, as many as 21 to exercise authority. And current legislation will be quite arduous, constitutional oversight really powerless. The Standing Committee of the National People's Congress NPC work report repeatedly acknowledges: work in this area is still the weak link, to be seriously improved and strengthened. NPC special committees, each with its own duties. Constitutional oversight and assist work. Local people's congresses and their standing committees due to various reasons. Guarantee of the Constitution in the implementation of the administrative areas is also very unsatisfactory. Masses as the owner of the state power, of course, entitled to the exercise of state power is Constitution the power to supervise. However, on behalf of the people exercise state power are the National People's Congress and local people's congresses at all levels, there are still many problems to be solved in the supervision of the implementation of the constitution, the other channels is not smooth or has not yet been established, in addition to the masses awareness of the Constitution, the legal concept is not strong, and thus role in monitoring the implementation of the constitution is not ideal
Visible in constitutional practice, constitutional oversight body also failed to effectively play its due role. It can be said, precisely because of the lack of specialized wealthy efficiency allied agencies. Our current constitutional supervision of the situation is far from ideal.
(C) The constitutional supervision is not institutionalized, legal and procedural
Organization and system program is the constitutional authority of the basic form of matter has not yet been truly established the supremacy of our Constitution. In addition to the lack of specialized organizations, lack of institutional, procedural safeguards. '
1. Some of the necessary systems, such as the system of interpretation of the Constitution, the Constitution modify systems and unconstitutional accountability system is not perfect. Although China's constitution gives the Standing Committee of the National People's Congress the power to interpret the Constitution. But the principle that the provision does not concrete, institutionalized. The terms of reference did not really get to exercise. Although the current constitution required program and so the amendment to the constitution of the organs, but is still too principle, inconvenience operation. Lack the unconstitutional accountability system, a large number of unconstitutional phenomenon is not the appropriate sanctions, which seriously damaged the dignity and authority of the Constitution.
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