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On the Reconstruction of Constitutional Supervisory Right of China

Author: WuRiYi
Tutor: WuXiaoQiu
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Supervisory authority of the Constitution Fourth power Constitutional Council Constitutional Court Public Participation
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 69
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Abstract

Constitutional supervision is a macroscopic system, the democratic countries of the world have a constitution, become the norm, the Constitution to supervise the political system of the country and the most basic rights of the citizens in a nutshell is the power to oversee the implementation of the constitution to the constitutional provisions, and thus constitutional supervision Because of its supervision of the content of the particularity to determine its importance. Since the founding of our constitutional supervision system has achieved great development, but there is still considerable inadequacies, the supervisory authority of the Constitution is not implemented in many ways to implement constitutional rights have been violated and is still often the case. Accompanied by the rule of law strategy to promote the concept of the rule of law has been widely accepted, and the rising awareness of the rights of the masses. Therefore build our constitutional supervision system for the promotion of the rule of law in the process of building a socialist harmonious society crucial. This paper attempts from both power and system supervision system to build the country's Constitution. In terms of power to build the supervisory authority of the Constitution as to distinguish it from the fourth power of the legislative, executive and judicial power function to enhance the status of the Constitution to supervise the system of state power. In institutionally as the fourth power of the different functions in order to protect the constitutional supervisory power, through the establishment of an authoritative body to exercise this power, so that the implementation of the Constitution to supervise a mechanism to play a long-lasting functional, making it play the actual social efficacy. The status of the fundamental law of the Constitution at the same time, that should be the introduction of effective public participation in the process of constitutional supervision, to play as much as possible out of the social effects of the constitutional supervision. The first part of this article is related to the general understanding of the theory of constitutional supervision Constitution to supervise, by introducing the relevant background knowledge, the contrast with the concept to have a basic understanding of the constitutional oversight and constitutional supervisory power. The second part of this article describes the first course of the development of China's Constitution to supervise, then later pointed out that while the presence of the achievements of our Constitution supervise construction. The existence of these problems are many, including the scope of application of the Constitution to supervise the start of the main supervisory authority, supervision and the right to run the program. The third part of this article attempts to strengthen the status of the Constitution to supervise, clearly its fourth power function as distinguished from the legislative, executive and judicial powers of the three powers by the formulation of the fourth power. Discusses the importance of the right of constitutional supervision as the fourth power of the need for understanding of the legislative, executive and judicial power, functionality and the Constitution to supervise. In the fourth part from the system's point of view to build the supervisory authority of the Constitution, in the creation of the Constitution under the Standing Committee Oversight Committee and the establishment of a constitutional court combined mode at the provincial level and above, the court pointed out in our country should be to build the country's constitutional supervision system , the effectiveness of the constitutional supervision in order to be in line with China's national conditions, while play. The different characteristics of these two constitutional oversight body at the same time introduced a range of cases dealing with constitutional supervision, rules and powers. The fifth part of the article describes the necessity and feasibility of public participation in the constitutional supervision, emphasized constitutional supervision by the introduction of public participation in order to make the the Constitutional Supervision best social effectiveness, enhance their social adaptability. Public participation in the process of constitutional supervision is suggested.

On the Reconstruction of Constitutional Supervisory Right of China

Abstract

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