The constitutional supervision system and its perfection in China

□. Vanessa

Since the first written constitution in the world -- America constitution was promulgated, the constitution is regarded as the civil rights and freedom of the guarantee, is the declaration and protection of human rights, but also the legal form of democratic politics. Overview of constitutions in spite of the social system, values, history and legal system as well as the content and the form are different, but basically have implemented the system of constitutional supervision. The constitutional supervision system has become a common law system countries safeguard constitution implementation, safeguard the legitimate rights and interests of citizens.

At present, there are three kinds of constitutional supervision system: one is the supervision system of the legislature or the highest organ of state power; two is the ordinary courts through judicial review exercise the powers of supervision system, the supervision system began in the USA, more than 60 countries the implementation of the system; the three is the establishment of specialized agencies to supervise the implementation of the constitution, mainly the supervision system and set up the constitutional court or constitutional committee or the constitutional parliamentary hearing constitutional case. Since 50's of the twentieth Century, the countries all over the world the constitutional supervision system appeared three kinds of system across different social system, characteristics and trends of increasing integration, mutual penetration. This is reflected in the international political pattern, economic structure as well as the developing trend of the democratic constitutional development in the constitution.

The constitutional supervision system in China after 50 years of development, has been improved continuously with the development of socialist democracy and the socialist legal system. The constitution of 1954 stipulated by the National People's Congress exercises the authority supervising the implementation of constitution; constitution of 1978 stipulated by the National People's Congress exercise supervision over the enforcement of the Constitution and laws of the 1982 constitution authority; on the basis of the 1954 Constitution further development and perfection of the constitution supervision system. The current constitution of sixty-second second stipulation: the National People's Congress "to supervise the implementation of the constitution", and the provisions of the sixty-seventh paragraph 1: the NPC Standing Committee "to interpret the constitution, supervise the enforcement of the constitution", defined by the National People's Congress and its Standing Committee exercise the authority to supervise the implementation of the constitution, the constitutional supervision system by the supreme power of the state authority supervising the implementation of constitution. The NPC and its Standing Committee to safeguard constitution implementation main duty is to supervise the enforcement of the constitution, which includes the implementation of the Constitution and the constitution interpretation, constitutional interpretation is the authority of the spirit, the principles and provisions of the interpretation of the constitution, is the precondition to guarantee the implementation of the constitution, and the constitution supervision system and supervision mechanism is the key to protecting the the implementation of the constitution. There are two main aspects which supervise the enforcement of the Constitution in accordance with the provisions of the current constitution of our country according to the law, one is the principle of unity of the laws, administrative regulations, local regulations and rules in accordance with the provisions of the current constitution principle and the specific provisions of the review, the principles and spirit of all is the violation of the constitution, the normative documents in accordance with the constitutional conflict and terms shall be invalid, the NPC and its Standing Committee have the right to cancel; two of all the state organs, enterprises and institutions, social organizations activities is constitutional review, the National People's Congress and its Standing Committee not only have the right to cancel the unconstitutional, state workers also have the right to recall the unconstitutional the.

The constitutional supervision system of China is not only embodies the constitution as the fundamental law of the state with the highest legal status and effect in the national legal system, but also reflects the character can only exercise the power of supervision by the NPC and its Standing Committee constitution. The system of constitutional supervision refers to the supervision of the national legislature and state organs and their staff conduct a special legal system is in accordance with the principles and provisions of the constitution, spirit and the establishment of the constitutional supervision system, has very important significance to ensure the implementation of the constitution, the legal system to safeguard national unity. Our current constitution supervision system has the following characteristics: one is the implementation of the provisions of the National People's Congress and its Standing Committee have the right to supervise the; two is the provisions of the National People's Congress of the special committee to assist the NPC and its Standing Committee to supervise the implementation of the constitution functions; three is the National People's Congress and its Standing Committee deems it necessary to organize a the Committee of inquiry into specific questions, according to the report of the investigation committee, have the right to make decisions; four is to provide the local organs of state power at all levels of the implementation of the constitution protection functions; five is given the citizen supervision of state organs and their staff in the implementation of constitutional rights.

Our country adopts the highest organ of state power by the exercise of constitutional supervision system is chosen according to the nature of the system of China's people's democratic dictatorship of the state system and the people's Congress system. China's constitution stipulates "all power in the people's Republic of China belongs to the people", take the people's Congress System in the form of state power, the National People's Congress and local people's congresses at all levels are the people exercise the power of agency, by the National People's Congress and its standing Committee and the people's congresses at various levels and the Standing Committee may exercise unified state power. The unity and the protection of the constitution of the socialist legal system and the implementation of "the dignity of law, the basic strategy of building a socialist country ruled by law", in the highest organ of state power centralized state power at the same time, take the highest organ of state power and standing authority to exercise judicial review and supervise the implementation of the constitution authority is in line with the basic principles of system design the constitution. The status, the nature and constitution of China's people's Congress System in national life in the legal system legal effect in our country can only be decided by the National People's Congress and its Standing Committee exercise the functions and powers of constitutional supervision. The Constitution gives the normative documents supervision organs have the right to cancel the unconstitutional act all or conflict with the constitution of the revocation of the right to judicial review, to all the unconstitutional act and the removal of the national staff positions of power, not only in line with China's National People's Congress system "combination of legislative and executive powers" characteristics, also in line with the basic conditions of our country. The current constitution of our country stipulates that the sixty-second National People's Congress entitled "to amend the constitution, supervise the enforcement of the constitution" authority; provisions of article sixty-seventh of the National People's Congress Standing Committee exercise "to interpret the constitution, supervise the enforcement of the constitution" authority, that the implementation of the Constitution supervision power of unity in the form of government under the system of people's Congress exercised by the National People's Congress and standing committee, this regime is not suitable for the special supervision organ, it is not possible to exercise the power of judicial review by judicial organs in accordance with the procedure. In addition, supervise the implementation of the constitution, two ways in addition to documents and recall by legal authorities to the NPC and its Standing Committee through the exercise of review and revocation of unconstitutional laws, regulations and other normative unconstitutional responsibility duty, also provides the highest legal status such as confirmation of the Constitution and the supreme legal effect, the requirement of the whole society and all citizens must with the constitution as the basic standard of conduct, to safeguard the dignity of the constitution, safeguard constitution implementation, and specific to the NPC and its Standing Committee to all the normative documents right of revocation and recall the authority of the constitution, safeguard measures and means of implementation of the supervision mechanism of constitution as a democracy, the rule of law.

The exercise of constitutional supervision in China's legislature, the National People's Congress, all laws, regulations and local regulations must take the constitution as the basis, shall not contravene the constitution, which is the basic content of constitutional review, and maintaining the authority of the constitution, the key to the implementation of the constitution. China's constitution stipulates clearly that the sixty-second National People's Congress "to amend the constitution", "supervise the enforcement of the constitution" and "the formulation and amendment of criminal, civil, national institutions and other basic laws" and other three relates to the constitutional and legislative powers, the Constitution stipulates that the sixty-fourth amendment of constitution is the general program of special procedures by law and other bills. Article sixty-second in the list of the National People's Congress Standing Committee authority specified in the "interpretation of the constitution supervision, implementation of" constitution ", formulate and revise in addition to other law" enacted by the NPC's law, the National People's Congress in session, to carry out the provisions of part of the supplement and modification and its restrictions on the law, and "interpretation the law", State Council, revocation of province, autonomous region, or municipality directly under the central government organs of state power to develop "with the constitution, laws and administrative regulations conflict with the administrative regulations, decisions and orders, local regulations and decisions" and other terms.

Our country adopts the highest organ of state power by the exercise of constitutional supervision system after 50 years of continuous improvement, but still there are some defects, and with the construction of socialist democracy and legal system in China continue to promote these defects are increasing, we need to perfect as soon as possible.