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On the court system in our Constitution

Author: WangKun
Tutor: WangRenBo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Constitution The court Jurisdiction Judicial interpretation
CLC: D921
Type: Master's thesis
Year: 2008
Downloads: 69
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Abstract

In this paper, through analysis of the 2082 Constitution, court system and practice of the court system in contrast to reveal the meaning of the text of the Constitution and constitutional practice deviated from. First, the 2082 constitutional text analysis is the starting point we understand the court system. Although the development of the Court beyond the limits can be achieved to explain the constitution context, but should be recognized that the foundation of the Court is still within the Constitution. The constitutional text, carrying the constitutional concept of the legislators, showing a national rational. The 2082 Constitution of the core content is the political philosophy of \People's Congress and other national institutions on this basis is the optimal choice of such a political philosophy. In this power structure, the main task of the Court of dictatorship functions through the trial of the criminal and civil cases. From text to practice in the formulation and revision of the Court Organization Law \Gradually developed the practice of the court in practice also has an important role in the development of the court system. Its attention to help us complete control of the specific operation of the constitutional practice of the Court. Active as the constant breakthroughs in the constitutional text limits the court in the actual operation, successfully achieved the transition from the judicial to the role of the judiciary. Accordingly, the practice of the constitutional state gradually deviated from the text on the Constitution. Courts of evolution is not a unique constitutional experience, the Constitution be broadly similar course. The text content of the Constitution is based on the language presented in the form of rational construction, the ambiguity of the language is inherently increase the uncertainty of the Constitution. The Constitution since the promulgation of the change into the public sight, its interpretation necessarily involves the choice of interest or value. Similar to the existence of constitutional oversight bodies can not stop the rheology of the language in the river of time, the dispute still exists. Constitutional authorities on their role identity is also related to the Constituent concept can be achieved. Finally, the crux of the problem is how to treat the Constitution. The party is the concept of the Constitution in the sense of subjective form text; the other is the concept of the Constitution on the practical significance of the objective form. Only comprehensive analysis of these two constitutional concepts in order to know the true state of the constitution of a country.

On the court system in our Constitution

Abstract

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