Chinese should be established as soon as the Constitutional Court

Wang Yu of Shandong University of Finance

In theHttp://news.gxnews.com.cn/staticpages/20070821/newgx46ca307b-1195244.shtmlLast, there is an article "The Ministry of public security requirements to establish a comprehensive rental housing rent "who who is responsible for filing system. The article said,"The public security organs in accordance with the 'who rent, who is responsible for the' principle, the full implementation of rental housing registration system." Reporter was informed yesterday, recently held a national floating population management and service work of the forum, the Ministry of public security Vice Minister Liu Jinguo requirements to establish a comprehensive rental housing registration system". Filing system is characteristic of rental housing"Housing accident duty"."Liu Jinguo said, the public security organs at all levels should strengthen key areas, industry control, the full implementation of rental housing registration system, and implement the housing lessors security responsibility, the duty and the responsibility. According to the actual situation of area rental housing distribution, security, management personnel, implementation of rental housing, residential type, tourism style delegate type management mode". "Liu Jinguo asked, to broaden the channels of information collection, rely on the village (neighborhood) cadres, community security, assistant to do temporary residence registration work permit. To strictly hotel accommodation information collection, reporting system, ensure that the real name registration, real statistics, real time transmission".

Of course, we should admit that the Ministry of public security of the original intention is good, is to do a good job of social security. But there are two problems in the Ministry of public security has not been considered or not considered. One is not considered to have no legal basis, such as "the housing lessors security responsibility, the duty and the responsibility". We don't know what the hell is this "lessors security responsibility", and how to implement the "implementation of duty and responsibility". For example, people kill people in a rented room, the owner of this house the bear homicide or what crime, this crime and according to the law to determine what kind of. If you know not reported is my hidden sin, because if do not know do not report, should bear what responsibility. Because of this I did not find all so not solution. The second problem is the Ministry of public security without considering the security cost. Perhaps from the Ministry of public security perspective, my responsibility is to maintain law and order, as for the cost, not my problem. The Ministry of public security to ensure that the implementation of registration and recording system "according to the actual situation of area rental housing distribution, security, management personnel, implementation of rental housing, residential type, tourism style delegate type management mode." But the establishment of these three models, it is to spend money. "Liu Jinguo said, at present, the public security organ temporary population, rental housing, hotel information management system construction is speeding up the construction of. By the end of 2007, and strive to basically completed the construction of city hotel public security management information system. By the end of 2009, basically completed city transient population, rental housing security management information system construction". I don't know these two sets of system is set up to need to spend how many money. Other do not say, think about the establishment and implementation of "of hotel accommodation information collection, reporting system in every hotel, to ensure that the real name registration, real statistics, real-time transmission system," to spend more manpower and material resources. As for the filing system for rental housing, set up and certainly not a decimal.

Both the establishment of residential registration system, and establish the system of accountability for rental housing security, reason one, is to prevent crime. The Ministry of public security of the two system is a logical judgment. The criminals must sleep, criminals to sleep not sleep in a hotel is sleeping in the rented room, the two system, the criminals will be no hiding place. This judgment is right, of course.

But the police thought criminals must eat? If the thought of this, the public security departments will make a restaurant registration system. Or at least when you eat to produce their identity cards. This should be of more use than the two set of system. Do not think that the institution may not. In accordance with the public security departments of logic, this dinner registration system maybe more useful than the accommodation registration.

Government departments as the administrative departments, in order to implement the effective control to the society, has the right to introduce various kinds of laws, regulations, procedures, it is understandable. Various laws, regulations, the government issued, there should be a strict scale, this is must comply with constitutional requirements. Not all constitutional law, regulations, measures are not allowed. But who is to judge the rules, regulations, procedures Is it right? Constitutional requirements? This requires a specialized agency. This is a constitutional court. But the establishment of the constitutional court, in order to ensure that some law, not constitutional regulations and measures can not be introduced. Many countries in the world have established the constitutional court, even the presidential decree, that violates the constitution, is invalid.

For example, Ukraine on the establishment of the constitutional court. According toHttp://news.eastday.com/eastday/06news/world/w/20070418/u1a2775000.htmlA news said:

"Oriental net (2007) April 18th news: Ukraine's constitutional court held a plenary session of the 17 day, begin to consider President Yushchenko 2, signed the dissolution of Parliament, early elections if the order in accordance with the constitution.

The constitutional court all 18 judges attended the morning meeting, Ukraine's parliament, the president, the cabinet, the Central Election Commission and the parliamentary caucus and other relevant aspects are mainly represented in. President of the constitutional court, East Broff Pinsky said, because the conflict both sides put forward a lot of problems and application, the legitimacy of the constitutional court to dissolve parliament command on the president to make quick decisions. The meeting ended in 18, the court will consider in the next morning to continue.

The parliamentary majority and opposition supporters about 2000 people began to rally in the constitutional court in front of the building from the early morning, the Ministry of the interior special forces to maintain order, both without conflict.

Yushchenko signed on this month 2 days of the dissolution of Parliament, early elections in command, Parliament re elected date in May 27th. Parliamentary majority expressed strong opposition, asked the constitutional court president command is legal ruling, the constitutional court accepted the request of the parliament in 5 days. Yushchenko and the government of prime minister Yanukovich has said many times that the Constitutional Court on the president's order will be subject to any ruling legitimacy. The parliamentary opposition leader Tymoshenko held 17 press conference, the opposition will not recognize any decision of the constitutional court.

Ukraine's constitutional court is the highest constitution protecting organs and review and adjudication supervision, whether the authority and national leaders administrative acts in violation of the state constitution, has the power to interpret the Constitution and other laws. The constitutional court was established in 1996 October, composed of 18 judges, the president, Congress and the Congress of the 6 member each appointed them".

In fact, many countries have set up the constitutional court. The earliest establishment of the Constitutional Court of the state of Austria[1].

"The constitutional court is the world's earliest established is the Constitutional Court of Austria. Austria's constitutional court has more than 120 years of history. Its predecessor is Austria imperial court, established in 1867, it was a court of the Supreme Court with jurisdiction of criminal cases, civil cases is different, its responsibility is through the exercise of three powers maintain 1867 Austria constitution. Imperial court first arbitration courts and administrative organs, jurisdiction disputes between central government and state administrative organs and state administrative organs; second, it ruled that financial requirements for County, town, but with the requirements in the ordinary courts did not put forward to limit; third, it ruled by administrative organs infringe upon citizens of their political rights and put forward complaint. Imperial court itself is / part-time court, the constitutional judges were held by Professor, general court judges, lawyers, it shows that in the short term it is eligible for a constitutional court. In 1920, American jurist, normative influence of Austria law school founder H Kelsen, in the new constitution of the Republic and predefined "Constitutional Court", and gives it a more widely, more significant authority. The constitutional court has jurisdiction on the following matters: between the election dispute, all kinds of the competence of the court debate, the federal state disputes, as an administrative court, the plaintiff claims against the administrative review rights under the constitution; as a higher court, trial as the Council of heads of state or minister accused, should the state government, the high court, the National Assembly members such as 1/3 request to exercise the power of judicial review, can take the initiative to put forward the problem etc.. The development in the past 660 years in the constitutional court case content is very extensive, although the constitutional court's decision to the ordinary courts and not binding, but the influence of the constitutional court in the political system and legal system is very strong.
  Austria's constitutional court in 1938 years on 13 had been abolished, but was rebuilt in the October 12, 1945 constitution, has become an important part of the Austria court system. After Austria ", Czechoslovakia, Spain and other countries have also set up a constitutional court. The earliest establishment of the Constitutional Court of the socialist countries is the former Yugoslavia, the constitutional court was established in 1963.

In fact, China others proposed the establishment of the Constitution Constitution of advice: online a signed a paper topic is "Mr.

On the establishment of the constitutional court China advice ".[2].d'b8M) V L "]#\-N North youth - Youth Forum 5\9l:j-] P Tyan D8

.d'b8M) V L "]#\-N North youth - Youth Forum 5\9l:j-] D8h1U$G the a,Definition: the constitutional court's constitutional court is to supervise the implementation of the constitution of the judiciary, the constitutional procedure independently exercise judicial power.

  *N&z; a8s:A "V) K6d two,The constitutional court purpose: to defend the fundamental constitutional system, protect the rights and freedom of human and citizen, to protect and defend the constitution of the supreme position and direct effect. #u/G-O; 3k&c N'?
  Three,Authority of constitution court:
  C+]/m*r; L I0]3d6|1, K,Whether to hear the legislature enacted laws and other normative legal documents meet the constitutional cases;
  *c5y3{9C1Z&N/A2,Hearing the administrative regulations of the State Council and the ministries regulations whether constitutional cases;
  'v#H#|/H; e&M$\$q3 N,  The trial rules and regulations promulgated Province, autonomous region, municipality directly under the central government is constitutional cases: Q#M2}3P/_
  4,  To interpret the constitution; /m1[/N:T%c7X
  5,  Court in the trial of a case applicable legal and will be applicable law is constitutional cases; bbs.ynet.com6N%t n; u L/[#Y)
  6,  Directly accepting citizens think 1-3 involves normative legal documents infringe the constitutional rights and constitutional litigation cases filed. 7a, E1\/G7D7N "k+q%g; @
   Four, Constitutional Court: the Constitutional Court consists of nineteen judges. Good character, have the doctor of law degree or above, more than fifteen years work experience in law, with senior professional and technical titles have been recognized in the field of law, over the age of forty China citizens was nominated as the constitutional court China judge. The constitutional court judges for life, for the age to 65 years old. The constitutional court judge not for any party members. The constitutional court judges are appointed by the National People's congress.
    &a$~/D6X#]&y5Z five, the Constitutional Court: the constitutional court protection activities in the organization, financial and material technology, independent of any other organ. The Federal Constitutional Court funds provided by the central budget, and should be able to ensure its full independence to achieve constitutional procedure. For the protection of the constitutional court activities, annual budget should be set aside for the constitutional court alone alone funds. The constitutional court's budget expenditure can not be less than the previous fiscal year.
(t3S#@: H8C      The constitutional court to stand on one's own intelligence and cadres guarantee for their activities. Relating to Chinese constitutional court activities of power, organization, finance, information, material technology, cadres and the federal constitutional law and other conditions are not restricted. Bbs.ynet.com5S) W%A p.\'~$_4

Six,The constitutional court trial mode: 1-5 terms shall be made by the constitutional court all resolutions of the meetings, attended the meeting of judges shall be not less than 15; Sixth functions can be composed of the constitutional court court decision in court, the judge should not less than 9 people. Beijing - Youth Forum, 4|

&d*D$v%l seven, the constitutional court ruling: the Constitutional Court on 1 - 6 terms of decisions made collectively referred to as the ruling on the question of procedure; the ruling collectively referred to as the ruling. "

 Force eight, the constitutional court decision: Chinese all legislative, executive and judicial organs of state power, the local government authorities, enterprises, institutions, organizations, public officials, citizens and their organizations must implement the constitutional court's ruling. D Q*S/W2d+~, F)

  The constitutional court's decision is final, not appeal, and since the announcement date immediately. &Y, C "~#q3]" m i%T
The federal constitutional court decision directly, without the other organs and personnel responsible for approval. The constitutional court as a violation of the constitution of the legal documents in the document of ruling by again still have the force of law.
   1f&D$u/J (v:b:j:\4L nine,The official publication of the Constitutional Court: *I3g, ~5[6~#_
    The constitutional court is the official publication of China "Constitutional Court" China bulletin. This publication shall not be subject to inspection and prohibited for any reason.
    7[%d (Q*}6X, f1L*o.z$W&] North youth - Youth Forum ten,The constitutional court's permanent office address: China capital --- Beijing city.

    Suggest more specific, is probably an expert to write. The early people pay attention to this problem. My advice is just saying, stop at this stage the necessity. Many people have for the establishment of such a system and rack one's brains.

                                           2007.8.22