The enforcement of the Constitution and ensure

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  • / Author: Aaron Lewis
The implementation of the constitution refers to the national representative organs and administrative organs of the state to implement the constitution elements of the activity. This includes not only the institutions themselves in both settings, scope of authority, must strictly enforce the provisions of the Constitution in the programs and activities, including the provisions of these institutions must strictly enforce the Constitution in the process of organization of other state organs, set up in various system. The application of the constitution is usually refers to the national judicial organs in the judicial activities to implement the constitutional activities. Although in the judicial practice of our country, the Constitution can be as the basis of judicial trial, have not reached a consensus on the people, but the general legal attribute of constitution is that other countries in the world, and the judicial practice, the application of constitution is not only an important way to the implementation of the constitution's size, but also is an important content of strengthening constitutionalism, rule of law set up the constitution authority.
　　　　　　(two) Constitution
Constitution refers to all state organs, social organizations and individual citizens to engage in various acts in strict accordance with the provisions of the constitution of the activities. Observe the most basic requirement is the constitution, but also the implementation of the constitution is the most basic way. If a country's constitution was promulgated, cannot be observed in social life, so they did not mention the authority and dignity of the constitution. Constitution includes two meanings: one is based on the constitution enjoy and exercise the powers and rights; the two is based on the constitution to assume and fulfill obligations. Therefore, we will not only understand the constitution is to assume and fulfill obligations, more fundamental or state organs in accordance with the constitution to enjoy and exercise the powers and rights.
Widespread implementation of the constitution includes extensive universality and constitution the scope of the implementation of the implementation of the main. The constitution is the most basic social relations adjustment of the national fundamental law, and other laws tend to adjust one or several different aspects of national life, the constitution adjustment relates to politics, economy, culture and social life and other aspects, that is to say, the provisions of the state and social life each domain activities must follow the constitution, there are the implementation of the constitution of the problem.
Therefore, the implementation of the constitution is the wide range of other laws can not be compared. Associated with the extensive scope of implementation, the constitution implementation main body is very extensive. Because of the social relationship is formed between the main body to participate in social life, the scope and the implementation of the constitution of the subject to all various social relations in China, and the implementation of the Constitution also requires the adoption of social relations in all the subject's behavior can be achieved, therefore, the subject of constitution implementation has universality and diversity. China's current constitution preamble clearly stipulates: "the people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, must take the constitution as the rule of law is fundamental, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties." Therefore, the implementation of the constitution is the responsibility of all state organs, social organizations and citizens, subject to all state organs, social organizations and citizens will constitute the implementation of the constitution.
Comprehensive implementation of the constitution, is refers to the enforcement of the constitution could not simply the Constitution itself or the social life of one aspect of the problem, social problem but the entire country is highly integrated. Since the constitution is the basis in the country under the rule of law position, at the same time, its content involves all aspects of national and social life, so not only the constitution stipulated in the process should be highly integrated, but also in the implementation process should fully consider various factors of national and social life, which on the whole, the macro the practical implementation of the constitutional process.
The highest and principle of constitution implementation is decided by the content and position of the constitution. Because the constitution is the national and social life the most fundamental, the most important problem, which is the most fundamental position, the constitution has the highest legal effect in national legal system, making it not only directly restrict the country's basic law and other legal documents and the implementation, but also has the highest binding on all state organs, social organizations and citizens. At the same time, the constitution of the social relations adjusted by widely, so in the specific provisions of the general principles in the process, only the provisions regulating social relations, so the implementation of the Constitution also displays for the process of constitutional norms to regulate social relations from the macro, general principles guide. This principle is mainly manifested in two aspects: one is defined by the constitution is the main social relations of the basic direction and principles, the specific model is not generally relates to people's behavior, the specific pattern is usually by the general law; two is the Constitution in the implementation process, the consequences of the behavior of people often only from the overall evaluation of affirmation and negation, so as to provide basis for the general law on people's behavior of concrete evaluation and shall be investigated for legal responsibility. But the highest and principle of constitution implementation, also determines the relationship between the implementation of the Constitution and the general law enforcement: implementation of the constitution is the basis of the general law enforcement, the enforcement of law in general is the concrete implementation of the constitution.
Direct and indirect constitution implementation include the implementation of direct and indirect way of constitution and constitutional sanction of the direct and indirect two aspects. On the implementation, implementation of other laws have direct. Although the constitution has directly in the implementation process, but the main embodiment of constitution is indirect. This is actually a constitution as a "parent law determines the characteristics", that is to say the Constitution in the implementation process is mainly through the specific legal norms to function in concrete people and things, the country's other laws and legal documents is based on Constitution and the constitution, and cannot be contacted, so the implementation of the general the law is in the indirect implementation of the constitution.
At the same time, since all the organs, organizations and individual citizens must take the constitution as the basic standard of conduct, then all the acts of violation of the constitution, it must be investigated. But in the investigation of unconstitutional behavior, including two aspects of direct and indirect sanctions sanctions. Direct sanctions refers directly to the legal responsibilities shall be investigated in accordance with the constitution of unconstitutional acts, usually by the national representative body made, mainly applicable to the unconstitutional act in state organs and state organs responsible person. In our country, the direct sanctions mainly for the invalid state organ of unconstitutional laws and normative documents, resolutions, decisions and orders announced, and be revoked; responsible for illegal state organ according to the provisions of the Constitution shall be dismissed. Indirect sanctions refers to the constitution of unconstitutional behavior does not directly regulate the sanctions, but through specific laws to be investigated for legal responsibility. That is to say it is directly according to the law, to violate the constitution principles and specific legal acts in violation of the sanctions. This kind of sanctions with respect to the specific legal is direct, compared with is the indirect constitution.
The implementation of the constitution the supreme authority of the constitution principle is by nature as the fundamental law of the state decision. As we stated many times before, the constitution as the fundamental law of the state, not only in the leading position in the whole legal system countries, but also in the leading position in the whole country and society management process. The position of the constitution, decided in the implementation of the constitution, must always maintain the authority and dignity of the constitution. The maintenance of both the performance of standard gets all the organs, organizations and individuals in the constitution of the observed, the implementation of the specific content of the constitution fully, but also in all laws, decrees, and must not contravene the constitution. If the constitution is not in the implementation process, establish their authority, or the highest authority principle of constitution implementation main body fails to implement the constitution, then to the effective implementation of the constitution is not possible.
The principle of democracy of constitution implementation is decided by the essential content of the constitution. The modern constitution is the product of bourgeois revolution, the constitution is the basic form of democratic legal fact. Despite the widespread development of commodity economy is the root cause of the generation and propagation of constitution, but if not bourgeois democracy thought, have no the bourgeois democratic facts, not democracy subject generally at least in form, then it cannot be called the constitution. Thus the constitution it is the essence of democracy. Therefore, in the process of the implementation of the constitution, democracy should be a red line throughout the constitution implementation activities.
The principle of legality of constitution implementation refers to the implementation of the constitution the identity of the subject must be consistent with the provisions of the Constitution and the law, and the scope of authority of constitution implementation method, main body of exercising the authority and the constitution implementation of specific procedures should have the constitutional and legal basis. Since the implementation of the constitution is the constitution implementation activities of the subject, then both the implementation of the Constitution itself, or the implementation of the constitution main body behavior, must have a legitimate basis.
But this is actually due to the basic premise of the implementation of the constitution. If even the legitimacy are not available, then the implementation of the Constitution did not speak.
The principle of stability of constitution implementation refers to the stable development of national politics and economy, the decision must be maintained relatively stable plant implementation of the Constitution in the process, not inconstant in policy. As mentioned before, the constitution is the fundamental law of the state, its change not only directly related to the whole country and social stability, but also directly related to the fundamental interests of the ruling class, relationship to the Constitution can maintain the authority and dignity of the constitution, which must have stable. But this stability is relative stability.
With the change of the social and historical conditions of development, but also to the development of the corresponding changes to the constitution. The character of the constitution, the constitution determines in the implementation process, must follow the principle of stability.
The development principle of constitution implementation is in the constitution implementation process, should be based on the various changes in the objective situation development, on the content of the constitution to be amended accordingly and interpretation, in order to promote the development of the Constitution itself. As mentioned before, the process of the implementation of the constitution is the Constitution and constantly enrich and perfect, or is the process of re shaping of the constitution. Therefore, the implementation of the constitution is not only should the article content to implement the constitution, so that the written constitution to the real constitution, and to the objective needs formed according to various real life in new situation, new problems to the development of the constitution.
To be clear, the implementation of the constitution must follow and carry out the five main principles, also must follow and implement the constitution implementation public principle, benefit principle and supervision principles etc..
The implementation of the Constitution and political conditions include political conditions, including the political situation. The political foundation of democracy is the implementation of the constitution condition. If is closely connected to the Constitution and political democracy, it is the Constitution and political media, bridge, and democratic politics not only to the constitution plays a decisive role, but also has seriously restricted the implementation of the constitution. Can say, the degree of democracy politics determines the level of implementation, to strengthen the process of democratic politics construction, is to implement the constitution. The implementation of the constitution of the political situation. What, is to effectively implement the constitution, we must have a stable political environment, maintain the stable political situation. This has been the two world countries and the practice of constitutionalism of the experience and lessons that.
The implementation of the constitution of economic conditions including the Constitution and its implementation is the material basis for survival, but also economic development intrinsic demand for the Constitution and its implementation through political, ideological etc.. As mentioned before, the universal development of commodity economy is the fundamental reason why constitution produce. That is to say, if there is no universal development of commodity economy, also does not have the need for the highest norms of behavior, also no more effective implementation of the constitution. Therefore, in a certain sense, the degree of development of commodity economy, the constitution determines the degree of implementation. Our country present stage for economic reform to establish a socialist market economy system, for the implementation of the Constitution provides power and guarantee from the economic aspect.
Any organization or individual actions cannot do without certain ideological guidance. The implementation of the constitution consciousness condition, mainly refers to the restriction and influence people's understanding of the constitution condition for the implementation of the constitution. Performance in:
(1) the constitutional norms of science is a prerequisite to the effective implementation of the constitution, but the Scientific Constitution but cannot do without the guidance of scientific consciousness of constitution;
(2) in any constitution promulgated the implementation process, are faced with changes in the actual life and social development of modification and perfect, but the change of society life only in people's constitutional consciousness reflected, to implement constitutional norms specific;
(3) as mentioned before, the implementation of the Constitution in two ways: one is usually the constitution, the state organs and staff to implement the constitution, especially the relevant state authorities formulate normative documents in accordance with the law, the constitutional norms to social life to implement; two is the constitutional compliance, namely all organs, organizations and individuals to fulfill its constitutional rights and obligations, the constitution implementation to the specific organizations and personnel. Because the constitution is creed, principle, general, and in the implementation of the Constitution and abiding by the constitution consciousness, guiding role is particularly prominent.
Whether to include the constitution code generation have the legitimacy of the constitution, the content is correct reflection of the national conditions, structure constitution is scientific, reasonable and so on. In these aspects, the constitution is consistent with the objective reality, "a written constitution" and "real constitution" is out of line, and the constitutional text content is helpful to the implementation of, is the key link of the;
As everyone knows, the implementation of the constitution only through -- to run mechanism of orderly, so if the Constitution itself can establish the implementation mechanism is perfect, so can not only give the mechanism to the authority and dignity, but also for the effective implementation of the Constitution provides a clear and practical system security.
Constitutional interpretation is in the Constitution in the process of implementation, when there is different understanding of people to the relevant provisions of the content, has the power to interpret the authorities to clarify its meaning, legal behavior.
The interpretation of the constitution, is decided by the status and characteristics of the constitution. As mentioned before, the constitution is the fundamental principles, the most important problem of the fundamental law of the state, the principle, has the characteristics of generality and programmatic.
The high principles, highly summarized articles, people will have different understanding. In order to unify its meaning, it must be by the organ which has the power to make binding description. On the other hand, principle, spirit and the contents of the constitution only by common law, regulations of the concrete, can be implemented. But these common laws, regulations and the constitution is consistent, that is to say, whether legal laws and regulations conflict with the constitution, as well as the conflict point where, this is largely a constitutional problem of understanding. If the relevant provisions consistent content understanding, of course, will not need a constitutional interpretation. But if people don't understand, you need for constitutional interpretation. Thus, the constitutional interpretation is a very important link in the process of the implementation of the constitution, constitutional interpretation and application of the process, which is also a process of the implementation of the constitution. Therefore, interpretation of the constitution is to accurately, effectively and comprehensively implement the constitution.
　　　　　　　　1 by the state to explain
Also is the head of state has the power to interpret the constitution authority, the relevant provisions of the constitution is what meaning be, law or regulation is unconstitutional, are explained by the head of state.
　　　　　　　　2 by the legislative interpretation
The legislature has the power to interpret the constitution authority. This system originated in england.
Since the establishment of the British parliamentary system, the parliament as the sovereign authority will, therefore does not allow the judicial organ to overthrow Congress enacted the law; at the same time in the UK, the Constitution and the law does not clearly distinguish the Constitution and the law, so the meaning of how, can only be explained by parliament. The exercise by the legislature authority to interpret the constitution of china. The existing constitution, the NPC Standing Committee exercise the power to interpret the constitution.
　　　　　　　　3 by the judiciary interpretation
That is the judicial review, judicial organ is the organ has the power to interpret the constitution. This system originated from America. Nowadays the countries all over the world, to adopt this system in many countries, Canada, Australia, Japan, Philippines, India, Pakistan, Argentina, Brazil, Chile, Mexico and other countries, is by the judicial organ to interpret the constitution.
　　　　　　　　4 by the organs explanation
Also is the establishment of the constitutional court, the constitutional authority to the special committee, constitutional court, is has the power to interpret the constitution authority. The implementation of the system in the first World War, is also one of the most popular contemporary system. Such as Austria, Spain, Germany, four in Italy, Russia and other countries have established the constitutional court, France, South Korea established a constitutional committee. The implementation of the system of the reason is that, the constitution is the fundamental law of the state, the state power to interpret the constitution is the most important, and the exercise of that power should be in normal organs organs, so as to solve the detached position in the constitution, in order to safeguard the dignity of the constitution.
In addition, in the practice of constitutional countries, there are some unwritten constitutional interpretation system, some binding, although it is not binding, but also has great influence on. If the parties, scholars explain explanation etc..
There is no doubt, interpretation of constitution can not be arbitrary, have the right to interpret the constitution process of organs must follow certain principles. But the interpretation of the constitution of the principle can be divided into general principles and specific principles. In the general principle, the constitution is the fundamental law of the state, the constitution of the profound changes, so the interpretation of the constitution must strictly adhere to the principle of. But in principle, programmatic constitution, and the constitution must adapt to the characteristics of the needs of social development, but also determines the interpretation of the constitution must be timely according to the new situation. So the total principle should be strictly, to explain, but does not exclude individual case certain flexible interpretation. The principle of constitutional interpretation, mainly in the following items:
1 in accordance with the principles of interpretation.
2, in accordance with the objective principles.
3 take the fundamental spirit and basic principles of the constitution as the guiding principle.
4 to meet the needs of social development principle.
Principle 5 literal interpretation.
6 general principles of interpretation.
　　　　　　　　1 unified interpretation
Unified explanation is that the methods to make clear and unified explanation for people to understand without a constitution. This method can eliminate the misunderstanding between people, which explicitly admit or deny a code of conduct, and make the state organs, social organizations and citizens can one follow.
　　　　　　　　The 2 level of interpretation
The constitution has in principle, general and programmatic features, therefore, method for accurately understanding the meaning of the provisions of the Constitution and the meaning of the text, according to legal precedent, analogy, and context to explain is the coherent explanation. Methods levels of interpretation in the use of specific practice more, and which contains several, or be used alone, or by using.
　　　　　　　　3 additional explanation
Supplementary explanation is that there are omissions in the constitutional provisions, and through the method of explanation to properly in practice. This method can eliminate the constitution content gaps, so that the Constitution in practical application process, the flexible complete function.
　　　　　　　　The 4 expanding interpretation
Expanding interpretation refers to the change of social situation, the development, the content of the Constitution can not meet the needs of the social reality, so the interpretation of the constitution to expand its meaning. This interpretation method has high adaptability, it can not only avoid the cumbersome amendment procedures, and to give the constitution to the vitality and the vigor. But because of this method of interpretation is so flexible, so little attention will have many disadvantages, so in the use of the process must be carefully.
The revision of the constitution is in the constitution implementation process, with the change of social reality, development, when the contents of the Constitution and social reality does not adapt, the competent organs according to the actions and measures the statutory procedures for the constitution to be added, deleted, adjustment.
According to Marx's law, the Constitution and other laws are the same, is certain social economic basis and superstructure, both to maintain stability, but also with the change of the social reality of the development and change of development. At the same time as mentioned before, Lenin had the constitution is divided into "real constitution" and "false constitution". That is to say, to the social reality based and reflects the social reality of the development trend of the constitution is the real constitution, otherwise it is false constitution. Therefore, to adapt to the social reality of the situation is a necessary condition for the existence of the constitution. Therefore, the key lies in the constitution could be amended, how to treat the relationship between constitution and social reality.
Since the constitution must be based on the social reality as the basis, the social reality and is always in constant development and change, and no matter how talented politicians, jurists are unlikely to develop insight into the society without involuntary discharge of urine, the future development of society are stipulated in the constitution, therefore, the inevitable conflict of social reality and the constitution. But the old conflicts were adjusted reasonably, with the social reality and continue to evolve and change, will produce a new conflict. As "real constitution", it is in conflict -- Adjustment -- then conflict -- move in circles readjustment, absorb the rich nourishment from the social reality, so as to obtain the strong vitality. If blindly emphasizes the "stable", ignore the conflict constitutional norms and social reality, do not take effective measures to adjust the conflict in time, then it will make the development more and more far from reality, will eventually lead to the constitution loses its due authority. Therefore, timely revision of the constitution, is the reality and to maintain the relative stability of the Constitution Constitution, necessary conditions for survival and development, is an important link in the Constitution and full of vitality.
The comprehensive revision of the constitution text is modified, replacing the old with the new constitution constitution. Such as the Japanese Constitution of 1946, 1958, the French Fifth Republic constitution and new China the first three amendments to the constitution, all belong to the comprehensive revision. A comprehensive revision is mainly from the form is concerned, it is generally a comprehensive update based on the original constitution, the content does not exclude keep some of the provisions of the original, or even most of the provisions, in the structure of general also maintained the original structure. However, due to the comprehensive revision of general way is under special circumstances, or some major problems in national life under the condition of changing was adopted, therefore, this way of amending the Constitution in the normal state with very little.
　　　　　　(two) part of the revised
Some modifications to the original that some provisions of the constitution to change, or add some provisions, and does not affect other terms and the revision of the constitution mode. The part can be modified to meet the need of situation, can reflect the development of changes in all aspects of political, economic, cultural, and can keep the relative stability of the constitution, safeguard the authority of the constitution, so under normal circumstances, some modifications is superior to comprehensive modification. The constitution is the comprehensive decision modification or part of the changes is the key to the degree of conflict, the constitutional norms and social reality. Cause a comprehensive revision of the constitution is not a serious conflict normal incidence of constitutional norms and social reality, such as the guiding ideology of constitutional or amending error, the basic system and the social reality of sharp contradictions and so on; part of a constitutional amendment cause is normal the conflict between constitution and reality. The specific method of modified to include the modification, amendment and delete the provisions of articles etc..
　　　　　　(three) invisible revision
That is not in the form of intangible modification to modify the content of the provisions of the constitution, but in fact has changed its meaning changes to the mode of. Specifically, neither by the formal constitutional authority, chaired by, nor in accordance with legal procedures, but the other method to change the contents of the constitution, but its function with formal constitutional amendment similar activities. In our country, the constitution revision is mainly manifested in the invisible, with the changes of the social politics, economy, culture and so on the development of the situation, some policies of the party and the state to adapt the changed situation, and the relevant provisions of the constitution are also well without change. In this case, some principles and policies of the party and the state, has actually on the constitution of certain provisions made invisible revision. As of 1993 eight session of the National People's Congress meeting before, the constitution of 1982 about the "planned economy" provisions and so on. However, from the establishment of the authority and dignity of the constitution, building a socialist country ruled by law point of view, modify the constitution should be invisible to avoid.
　　　　　　(a) the proposal
The proposal is to amend the constitution to procedures, refers to a proposed constitutional amendment, or is the proposal should amend the constitution. Any country to amend the constitution, must first after the procedure, but must be made by the authorities put forward. The current constitution of our country stipulates sixty-fourth, amendments to the constitution, proposed by the representative of the Standing Committee of the National People's Congress or 1 / 5 of the National People's Congress, and by the National People's Congress of all the deputies to the 2 / 3 more than the majority of the.
　　　　　　(two) approval
Validation is refers to the constitutional amendment proposed by the legal authority, the constitution, "should change" as the principle, examination and decision procedure. This procedure does not exist in some countries. The establishment of this program is not intended to decide how to modify the constitution, but that decision should modify the constitution.
　　　　　　(three) draft
Draft refers to should be decided after the revision of the constitution, the draft of the legal authorities decided to modify the part. The establishment of this program is not intended to decide whether to modify the constitution, but the constitution should decide how to modify.
　　　　　　(four) through
That is a necessary procedure to amend the constitution. The modern world of amendment to the constitution, Parliament, usually by the Congress, people's Congress and public opinion through the. And must follow a strict program.
　　　　　　(five) released
Is the last program announced changes to the constitution, is a necessary procedure. After the amendment of the constitution only released, have legal effect. Generally speaking, the authorities announced amendments to the constitution are heads of state, through the organ and administrative organ and so.
The constitution is the foundation of national legal system, the general laws enacted by the legislature of the state laws and regulations, other state organs and legal documents, must take the constitution as the basis, shall not conflict with the constitution. Otherwise, not only would undermine the authority and dignity of the constitution, which hinder the implementation of the constitution, and the country under the rule of law construction can only be empty talk, this is on one hand. On the other hand: the spiritual principles of the constitution only by common law, regulations of the concrete, through the national legal system is sound and complete can be effectively implemented. If the spirit of the principles of law, regulations from the constitution, the constitution implementation also did not speak. Therefore, the constitutionality of laws, regulations and legal documents is an important part of the implementation of the constitution guarantee.
　　　　　　　　2 the constitutional safeguard
The constitutionality is the guarantee of state organs and their staff, armed forces, political parties, social organizations, enterprises and institutions of all citizens behavior. As mentioned before, the constitution as the fundamental law of the state, has the highest legal effect, all state organs, social organizations and individual citizens must be the constitution as its fundamental code of conduct. Therefore, if the constitutional state organs, organizations and individual behavior deviates from the basic principles of the constitution, it will also undermine the authority and dignity of the constitution, which impede the implementation of the constitution. Therefore, ensuring the constitutionality of state organs and their staff, armed forces, political parties, social organizations, enterprises and institutions of all citizens behavior is an important content of the implementation of the constitution guarantee.
The constitution is the fundamental law of a country, it reflects the will of the ruling class and the fundamental interests of the constitution, can implement, related to national political stability and all-round development. Therefore, a country's constitution was promulgated, the most critical problem is how to effectively implement the constitution, thoroughly.
If in real life people do not abide by the constitution, the state organs and their staff do not implement the constitution, so it is a good constitution is a mere scrap of paper. Therefore, how to ensure the implementation of the constitution is an important problem in the constitutional construction around the world, has a very important significance.
The judicial organs responsible for the security system of constitution implementation in American origin. In 1803, American federal court in Marbury v. Madison decision clearly announced:
Constitutional law is not law; to clarify the legal significance is the court's authority, which ushered in by the Federal Supreme Court to review the laws enacted by Congress is constitutional precedent. Since then, many capitalist countries affected by the American effects, and this system is extended to the district court, judicial organs are responsible for the implementation of the Constitution adopted by way of security, through a specific case to determine the applicable law is constitutional.
By the legislative organs shall be responsible for the implementation of the constitution guarantee system originated in britain. Britain's long-term adherence to the "552:" principle, that parliament parliament on behalf of the people's Congress, is the sovereign authority. Therefore, should be made by the parliament as a legislative body responsible for ensuring the implementation of the constitution. The socialist countries adopt are mostly by the legislative organs responsible for ensure the implement of the system. For example, in 1918 the Soviet Union constitution, as a permanent body all Russian Congress of Soviets central executive committee unified coordination and management of the implementation of the legislative work, and is responsible for the supervision of the Soviet constitution; the existing constitution, the NPC and its Standing Committee have a supervising the implementation of constitution duties and so on, is a concrete manifestation of this system.
By the specialized agencies responsible for the implementation of the constitution guarantee system origin established in France in 1799, the constitutional law of the senate.
According to the provisions of law, the Senate has the right to cancel the unconstitutional law. From the development trend, by the specialized agencies responsible for ensure the implement of the system, has attracted much attention in many countries, and has the potential to become one of the dominant position of the system. Although the name is not uniform, such as some say the constitutional court, some say the constitutional committee and so on, but the authorities responsible for ensuring the implementation of the constitution must be set up, and have special responsibilities is consistent.
　　　　　　(a) pre and post censorship
Prior review also called preventive review. Making process of this method is usually applied to laws, regulations and legal documents. Before the law, regulations and legal documents have not been formally promulgated and implemented, by the relevant authorities of the review of constitutionality. If in the process of examination found it unconstitutional, can immediately amend, correction. After the examination is promulgated in laws, regulations and legal documents, by the relevant authorities of the review of constitutionality. After the examination often happens to people doubt the constitutionality of the relevant laws, regulations, or due to specific organs, tissues, personal request of the review of constitutionality.
The incidental review refers to the judicial organs in the trial process, due to the applicable laws, regulations and legal documents is unconstitutional, the laws, regulations and legal documents for review of constitutionality. The incidental review tend to lawsuit event as the premise, the review and litigation related laws, regulations and legal documents. Constitutional complaint refers to when the citizen's constitutional rights had been violated the constitutional court or other relevant agencies complaint system. Generally speaking, constitutional complaint must exist under constitutional complaint authority and constitutional litigation is the premise.
　　　　　　(a) the political guarantee
The political security refers to the Communist Party of China lead exemplary compliance and enforcement of the constitution. This is the basic guarantee to implement the constitution. China Communist Party is the party in power, in a leadership position in the national political life. But in front of the Constitution and the law, the party and other political parties, organizations, must be in the range of constitution and laws. As long as our party truly exemplary and leading to comply with and implement the constitution, then the other political parties, organizations and the masses will conscientiously observe and implement the constitution.
　　　　　　(two) the legal guarantee
Law refers to its own security. Most contemporary constitution stipulated as follows, and through these Provisions effectively promote the implementation of the constitution. These requirements include:
1 stipulates is the fundamental law of the state.
2 clearly defined itself has the highest legal effect; by all laws, rules and regulations may contravene the constitution; all must all organs, organizations and individuals in the constitution as the basic norms of behavior. : 3 stipulates special procedure of constitution amendment.
Organization is to rely on the organization to supervise the implementation of the constitution constitution. The existing constitution, the implementation of our country to exercise oversight authority of constitution is the National People's Congress and its standing committee. The National People's Congress has the power to amend the constitution, the NPC Standing Committee has the power to interpret the constitution; the National People's Congress has the power to alter or annul inappropriate decisions of the Standing Committee of National People's Congress; the National People's Congress Standing Committee have the right to cancel the formulated by the State Council with the constitution, in contravention of the laws of administrative laws, administrative regulations, decisions and orders, have the right to cancel the organs of state power of provinces, autonomous regions, municipalities directly under the central government shall formulate the same constitution, laws and administrative regulations conflict with local regulations and resolutions. The Constitution and the law also provides, the special committees of the NPC to assist the highest organ of state power to supervise the implementation of the constitution of the work, the review of constitutionality of various legal documents; local people's congresses at or above the county level local NPC Standing Committee, in the administrative area to ensure compliance and enforcement of the Constitution and the law.
　　　　　　(four) rely on the masses
The constitution of China represent the people's fundamental interests and long-term interests, but also to protect the legitimate interests of every citizen. The Constitution can not carry out vital interest relations with the masses of the people closely. Therefore, the broad masses of the people not only to white consciously abide by the Constitution and the law, and supervision of all levels of state organs, enterprises and institutions and the social organizations and their staff in the implementation of the constitution.
Be sure, the constitution safeguards mechanism for the implementation of the constitution, play an important role in promoting the building of socialist democratic politics and the construction of country governed by law, but there still exist many problems. Such as the lack of constitutional guarantee agencies, constitutional supervision mode is single, judicial sanctions punitive not strong enough, the cadres and the masses of the constitutional consciousness is weak and so on. Therefore, further strengthen and perfect our country's constitutional guarantee mechanism, establish the authority and dignity of the constitution, is still an urgent task