Chinese Constitutional Amendment right thinking

                          China -- the constitutional construction of the road

(a) the possibility and necessity of the current constitution

The existing constitution enacted since 1982, but twenty years is hit by 4 31 modifications, amendments so frequently have the whole world in view, also be way ahead, and the inheritance and development of the 1982 constitution is regarded as the 1954 of the constitution is the most stable one constitution, why so complete a constitution is to repeatedly modify?

The change and development of the social reality of the revision of the constitution is the most basic and most direct reason, since the reform and opening up, turn the world upside down China happening change, and this change embodies the transformation of development in the full range of the society, the social transformation can be simple expressions for the market economy, the diversification of the legalization of political field and the field of culture, in the face of the changes so fast, the 1982 constitution is established in the beginning of reform and opening up, inevitably has some limitations of the times, the ideas of constitutionalism, which embodies the constitutional principles, the social development pattern and thinking, a part of content is not suitable for the need of development of era, because of the need to modify the constitution, and with the deepening of reform and opening, new problems have emerged, which required to be addressed and standardized by legal form.

(two) the four amendment to the constitution content

From 1982 to date, the 1982 constitution has undergone four revisions, the formation of the four amendment to the constitution.

One, the 1988 amendment to the constitution are as follows:

The first constitution eleventh increase stipulates: "the state permits the private economy to exist and develop within the limits prescribed by law. The private economy is a complement to the socialist public ownership economy. The state protects the lawful rights and interests of the private economy, implement the guidance, supervision and management of the private sector of the economy."
   Article second article tenth paragraph fourth : "no organization or individual may encroach upon, the sale, lease or other forms of illegal transfer of land." Is amended as: "no organization or individual may encroach upon, the sale or other forms of illegal transfer of land. The right to the use of land may be transferred according to law."

Two, the 1993 amendment to the constitution are as follows:

Article third the preamble to the constitution last two sentences of the seventh paragraph: "the fundamental task of the state is to concentrate its efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, in the Marx Lenin doctrine, Mao Zedong thought guidance, to uphold the people's democratic dictatorship, adhere to the socialist road, and constantly improve the socialist institutions, develop socialist democracy, improve the socialist legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defense and the modernization of science and technology, the build China into a highly civilized, highly democratic socialist countries." Is amended as: "China is in the primary stage of socialism. The basic task of the nation is, according to the characteristics of the theory of building socialism with Chinese, concentrate efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, in the Marx Lenin doctrine, Mao Zedong thought guidance, to uphold the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, and constantly improve the socialist institutions, develop socialist democracy, improve the socialist legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology modernization, to build China into a prosperous, democratic, civilized socialist country."
Add fourth tenth paragraph of the preamble: "at the end of the multi-party cooperation and political consultation system under the leadership of the Communist Party of Chinese will exist and develop for a long time."
Fifth article seventh of the Constitution: "the state economy is the socialist economy under ownership by the whole people, is the leading force in the national economy. The state ensures the consolidation and growth of the state economy." Is amended as: "the state owned economy, the socialist economy under ownership by the whole people, is the leading force in the national economy. The state ensures the consolidation and growth of the state economy."
Sixth article eighth paragraph 1: "the rural people's communes, agricultural producers' co-operatives and other production, supply and marketing, credit, consumer and other forms of cooperative economy, is the socialist economy under collective ownership. The workers to participate in the rural collective economic organizations have the right, within the limits prescribed by law to farm private plots of cropland, hilly, household sideline production and raise privately-owned livestock." Is amended as: "the rural household based output related contracted responsibility system and production, supply and marketing, credit, consumer and other forms of cooperative economy, is the socialist economy under collective ownership. The workers to participate in the rural collective economic organizations have the right, within the limits prescribed by law to farm private plots of cropland, hilly, household sideline production and raise privately-owned livestock."
Seventh article fifteenth of the Constitution: "the state planned economy on the basis of socialist public ownership. The auxiliary function of overall balancing by economic planning and market regulation, ensure the proportionate and coordinated growth of the national economy." "Prohibit disrupt social economic order by any organization or individual, undermine state economic plans." Is amended as: "the State practices the socialist market economy." "The state strengthens economic legislation, improves macro regulation and control." "The law any organization or individual to disrupt social economic order."
Article eighth article sixteenth of the Constitution: " premise state-owned enterprises completed national plans to submit to unified leadership by the state and, within the limits prescribed by law, to manage their own affairs." "State-owned enterprises in accordance with the law, through the staff and workers' Congress and other forms, practice democratic management." Is amended as: "state owned enterprises have decision-making power in operation and management within the limits prescribed by law." "State-owned enterprises in accordance with the law, through the staff and workers' Congress and other forms, practice democratic management."
Ninth article seventeenth of the Constitution: "the collective economic organizations in the premise to accept the guidance of the state plan and abide by the relevant laws, since the independence of economic activity." "Collective economic organizations practise democratic management in accordance with law, with the entire body of their workers to elect and dismiss managers, decision on major issues concerning operation and management." Is amended as: "the collective economic organizations in compliance with the relevant laws, since the independence of economic activity." "Collective economic organizations practise democratic management in accordance with the provisions of law, elect or remove their managerial personnel, decide on the major issues of management."
Tenth article forty-second paragraph third: "work is the glorious duty of every able-bodied citizen. Workers in state enterprises and in urban and rural collective economic organizations shall treat yourself to the masters of the country's labor attitude. The state promotes socialist labor emulation, reward model and advanced workers. The State encourages citizens to take part in voluntary labor." Is amended as: "work is the glorious duty of every able-bodied citizen. The workers of state-owned enterprises and in urban and rural economic collectives should treat yourself to the masters of the country's labor attitude. The state promotes socialist labor emulation, reward model and advanced workers. The State encourages citizens to take part in voluntary labor."
Article eleventh article ninety-eighth of the Constitution: " provinces, municipalities directly under the central government, districts of the city people's Congress is elected for a term of five years. Each term of counties, cities not divided into districts, municipal districts, townships, nationality townships, the town people's Congress three years." Is amended as: "the term of office of province, municipality directly under the central government, city, county, city, District People's Congress five years. Each term Township, nationality township, Town People's Congress three years."

Three, the 1999 amendment to the constitution are as follows:

Twelfth seventh paragraph of the preamble: "China the victory in the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups, in the Marx Lenin doctrine, under the guidance of Mao Zedong thought, uphold the truth, correct mistakes, overcome many hardships and dangers and made. China is in the primary stage of socialism. The basic task of the nation is, according to the characteristics of the theory of building socialism with Chinese, concentrate efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, in the Marx Lenin doctrine, Mao Zedong thought guidance, to uphold the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, and constantly improve the socialist institutions, develop socialist democracy, improve the socialist legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology modernization, to build China into a prosperous, democratic, civilized socialist country." Is amended as: "China the victory in the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups, in the Marx Lenin doctrine, under the guidance of Mao Zedong thought, uphold the truth, correct mistakes, overcome many hardships and dangers and made. China is currently in the primary stage of socialism. The basic task of the nation is building socialism with China characteristics, along the road, to concentrate its efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, Marxism, Mao Zedong Thought in Marx Lenin, under the guidance of Deng Xiaoping theory, upholding the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, constantly improve the system of socialism, the development of socialist market economy, develop socialist democracy, improve the socialist legal system, rely through one's own efforts, work hard and perseveringly, gradually implementation of industry, agriculture, national defence and science and technology modernization, to build China into a prosperous, democratic, civilized socialist country. 　　　

One paragraph is added to Article thirteenth article fifth of the constitution, as the first paragraph, the provisions of the people's Republic of China: "the rule of law, building a socialist country ruled by law."

Fourteenth article sixth of the Constitution: "the basis of the socialist economic system of the people's Republic of China is the socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people." "Socialist public ownership abolition of exploitation of man by man, to let each person do his best, the principle of distribution according to work." Is amended as: "the basis of the socialist economic system of the people's Republic of China is the socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The socialist public ownership, abolition of exploitation of man by man, let each person do his best, implement the principle of distribution according to work." "During the primary stage of socialism, adhere to the basic economic system in which public ownership as the main body, various kinds of ownership economy develop jointly, to the distribution system in which distribution according to work as the main body, a variety of modes of distribution."

Fifteenth article eighth paragraph 1: "the household contract responsibility system in rural areas the main responsibility and production, supply and marketing, credit, consumer and other forms of cooperative economy, is the socialist economy under collective ownership. The workers to participate in the rural collective economic organizations have the right, within the limits prescribed by law to farm private plots of cropland, hilly, household sideline production and raise privately-owned livestock." Is amended as: "the rural collective economic organizations in the implementation of the household contract management as the basis, the double management system. In rural areas, supply and marketing, credit production, consumption and other forms of cooperative economy, is the socialist economy under collective ownership. The workers to participate in the rural collective economic organizations have the right, within the limits prescribed by law to farm private plots of cropland, hilly, household sideline production and raise privately-owned livestock."

Sixteenth article eleventh of the Constitution: "the individual economy of urban and rural workers operating within the limits prescribed by law, is a complement to the socialist public ownership economy. The state protects the lawful rights and interests of the individual economy." "The country through administrative management, guidance, help and supervise the individual economy." "The state permits the private economy to exist and develop within the limits prescribed by law. The private economy is a complement to the socialist public ownership economy. The state protects the lawful rights and interests of the private economy, implement the guidance, supervision and management of the private sector of the economy." Is amended as: "in the range of the individual economy, private economy and other non-public sectors of the economy law, is an important component part of the socialist market economy." "The state protects the lawful rights and interests of the individual economy, private economy. The state of the individual economy, private economy to implement the guidance, supervision and management."

Article twenty-eighth: seventeenth state to maintain social order, treasonable and other counter revolutionary activities, activities that endanger public security, disrupt the socialist economy and other criminal activities, and punishes criminal." Is amended as: "the state to maintain social order, treasonable and other criminal activities endangering State security, activities that endanger public security, disrupt the socialist economy and other criminal activities, and punishes criminal."

Four, the 2004 amendment to the constitution are as follows:

Article eighteenthThe seventh paragraph of the preamble "in Marx Lenin, Mao Zedong thought, Deng Xiaoping Theory" is amended as "Marx Lenin" in the guidelines, Mao Zedong thought, Deng Xiaoping Theory and the important thought of 'Three Represents' "," the construction of socialism with Chinese along the characteristics of the road "is amended as" road "along the Chinese characteristic socialist" then, gradually realize the industry, agriculture, national defence and science and technology modernization "increase" to promote the harmonious development of material civilization, political civilization and spiritual civilization". This paragraph shall be amended as: "China the victory in the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups, in the Marx Lenin doctrine, under the guidance of Mao Zedong thought, uphold the truth, correct mistakes, overcome many difficulties and obstacles and achieved. China is currently in the primary stage of socialism. The basic task of the nation is China, along the road of socialism, to concentrate its efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, in the guidance of Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory and the important thought of 'Three Represents', to uphold the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, constantly improve the system of socialism, the development of the socialist market economy, develop socialist democracy, improve the socialist the legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology to promote the modernization, material civilization, political civilization and spiritual civilization coordinated development, to build China into a prosperous, democratic, civilized socialist country."

Article nineteenthThe tenth paragraph of the preamble second sentence "in the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China, the democratic parties and people's organizations, including all socialist laborers, patriots supporting socialism and who support the reunification of the motherland and extensive patriotic united front, this United front will continue to consolidate and development." Is amended as: "in the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China, the democratic parties and people's organizations, including all socialist laborers, the builders of the socialist cause, patriots supporting socialism country and unified support of a broad patriotic united front, this United front will continue to consolidate and develop."

Article twentiethArticle tenth paragraph third "countries in need of public interest, may requisition land for its use in accordance with the law." Is amended as: "the state in the public interest needs, can expropriate the land and give compensation in accordance with the law."
Article twenty-firstArticle eleventh paragraph second "the state protects the individual economy, private economy's legitimate rights and interests. The state of the individual economy, private economy to implement the guidance, supervision and management." Is amended as: "the state protects the lawful rights and interests of individual economy, private economy and other non-public sectors of the economy. The State shall encourage, support and guide the development of non-public economy, and the non-public sectors of the economy in accordance with the law, supervise and management."
Article twenty-secondArticle thirteenth of the constitution "the state protects the right of citizens lawfully earned income, savings, houses and other lawful property." "The state protects by law the right of citizens to inherit private property." Is amended as: "the lawful private property of citizens are not violated." "The country in accordance with the law to protect citizens to inherit private property right." "Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law."
Article twenty-thirdOne paragraph is added to Article fourteenth of the constitution, as the fourth paragraph: "the State shall establish and perfect the level of economic development of the social security system."
Article twenty-fourthOne paragraph is added to Article thirty-third of the constitution, as the third paragraph: "the state respects and safeguards human rights." Third corresponding to fourth.
Article twenty-fifthArticle fifty-ninth the first "National People's Congress is composed of deputies elected from the province, municipality directly under the central government and autonomous regions, the army. On behalf of all the minority nationalities are entitled to appropriate." Is amended as: "the National People's Congress is composed of Deputies of province, autonomous region, municipality directly under the central government, Special Administrative Region and the military elected. On behalf of all the minority nationalities are entitled to appropriate."
Article twenty-sixthArticle sixty-seventh the National People's Congress Standing Committee authority twentieth "(twenty) decision of the national or individual province, autonomous region, municipality directly under the central government for" martial law "amendment (twenty) determines the individual province, autonomous region or municipality directly under the central government, the state of emergency".
Article twenty-seventhArticle eightieth of the constitution of the people's Republic of China according to the "chairman of Standing Committee of the National People's Congress and the decision of the National People's Congress's decision, announced the appointment and removal of legal, premier of the State Council, vice premier, state councilor, various ministries and commissions, the auditor general, secretary general, confers state medals and titles of honor, Amnesty released, proclaim the order of martial law, to declare a state of war, issues mobilization orders." Is amended as: "the president of the people's Republic of China according to the Standing Committee of the National People's Congress and the decision of the National People's Congress's decision, announced the appointment and removal of legal, premier of the State Council, vice premier, state councilor, various ministries and commissions, the auditor general, secretary general, confers state medals and titles of honor, Amnesty released, declared a state of emergency, to declare a state of war, issues mobilization orders."
Article twenty-eighthArticle eighty-first of the constitution of the people's Republic of China on behalf of "chairman of the people's Republic of China, receiving foreign envoys; according to the Standing Committee of the National People's Congress decision, appoints and recalls plenipotentiary representatives abroad, and abrogation of treaties and important agreements concluded with foreign states." Is amended as: "the president of the people's Republic of China on behalf of the people's Republic of China, state activities, receiving foreign envoys; according to the Standing Committee of the National People's Congress decision, appoints and recalls plenipotentiary representatives abroad, and abrogation of treaties and important agreements concluded with foreign states."
Article twenty-ninthArticle eighty-ninth the State Council authority sixteenth "(sixteen) determines the province, autonomous region, municipality directly under the central government, the imposition of martial law in parts" is amended as "(sixteen) in accordance with the law determines the state of emergency area of province, autonomous region, or municipality directly under the central government in entering".
Article thirtiethArticle ninety-eighth of the constitution "the term of office for each province, municipality directly under the central government, city, county, city, District People's Congress five years. Each term Township, nationality township, Town People's Congress three years." Is amended as: "the term of office of the people's congresses of five years."
Article thirty-firstThe fourth chapter "the national flag, national emblem, the capital" is amended as "flag, national anthem, the national emblem, the capital". One paragraph is added to article 136th of the constitution, as the second paragraph: "the National Anthem of the people's Republic of China is the" March of the volunteers "."

(three) consideration of modified by the four constitution

Thus it can be seen as a response to the social transition, and the amendment of the constitution, since 1982, four amendments to the constitution Chinese, modification is the most economic system, there are 10 amendments, accounting for 32 of the total. 26% national institutions revisions followed, up to 7%, accounting for 22 of the total. 58%. The ideology of the modified columns third, 3, 9 of the total. 68%. On human rights, the rule of law, property rights, social security and other related to civil rights and interests of rarities.

One, the constitutional questions about the reform of the economic system

Limit the government power, the protection of basic human rights of constitution is the core problem, the fundamental purpose of amendment should be to improve the core problem. The four amendment to the constitution are focused on economic reform, constitutional nature, constitution is a political law, then it should contain provision for a lot of economic system and policy? A new problem appeared with the rapid development of economy in response to the China, modified to meet the need of the reform and the existence of the hidden behind the Constitution? Procedures for modifying the constitution is usually higher than the general law is more complex, so the constitution of economic policy has two problems, one is to do so will be tied lawmakers hands, so they can not with the changes of the society and the timely adjustment, two is so constitutional must consume more financial and material resources, manpower. The constitution is a basic law is not so stable, as a basic policy should be made by other laws, such as laws to regulate, so that economic policy is not suitable for the constitution, otherwise, the policy change will require amendments to the constitution, which will affect the stability of constitution, and authority.

Two, stability and the authority of the Constitution

From the perspective of the authority of the constitution, as the fundamental law of the state constitution and its authority is self-evident, but the stability of the authority's constitution, the 1982 constitution has a total of four revision, the revision numbers of frequent, rare in the world. The constitution from the substantial perspective is a citizen of countries set up a "contract", guarantee the people's basic rights. The "contract" must include the basic needs of citizens, a basic human need comes from human nature, and no matter how the society changes that need to be relatively constant, if a constitution and obtained reasonable formulation, then this law is stable, therefore, the stability of constitution is the basic need of stability from the human, and this contract because of citizens mutual commitments agreed, and then rising to a height of the law, and the citizens to abide by to realize the authority, it therefore, constitution is authoritative

But its stability is relative rather than absolute, the constitution as the development and changes in the common law, regardless of the constitution is to have the foresight, it is not possible to various conditions encountered in the process of social development, so the constitutional amendment is necessary, the key in how to grasp the "degree of legislation and". It not only refers to periodic revision of the constitution, is refers to the constitutional level.

Of course, we can also consider the introduction of constitutional interpretation mechanism, in order to achieve constitutional be modified, so as to adapt to the reality, the authority and stability, by this means it can better safeguard the constitution but, the premise of constitutional interpretation is not to change the principles and spirit of the constitution, it is also need to pay attention to.

Three, the protection of civil rights

The constitution is the fundamental law of a country, the provisions should is the basic system of basic rights and citizens. The fundamental question of the constitution, the biggest difference between constitution and common laws, the constitution is a guarantee of rights "method". Western constitutional amendments are generally focused on the basic rights of citizens and government agencies, little change on economic system and ideology. But our country constitutional amendment on civil rights is rarely mentioned, and rights and obligations are parallel, we don't deny the personal power is another's duty, and for the national obligation has the spirit of the Constitution and principle, since the reform and opening up, the economic interests of individual accompanied with the economic reform and the benefits of growth, the leading citizens in the personal, property and political participation rights consciousness enhancement, optimization of the civil rights of knowledge, improve the civil rights litigation ability, and China has signed and ratified the Convention on human rights, human rights as a citizen's rights become more important, safeguarding the rights of citizens began system, these are we want to see, but in the constitution of civil rights clause may not be directly applicable to the trial court, the constitutional rights in the common law is free, appear even some citizens basic rights such as privacy in real life, the right to strike, environmental issues, should be stipulated in the constitution, it has no constitutional. Although the Constitution stipulates that citizens freedom of speech, press, assembly, association, parade, demonstration of freedom, but the press law, law of publication has not issued, in the application of constitutional provisions can not be the case, the provisions of the constitution is undoubtedly also became a mere scrap of paper.

Four, the process of constitutional reform problem

Amending procedure is proposed to the CPC Central Committee to the Standing Committee of National People's Congress suggested ways, in the National People's Congress vote by show of hands. The constitution is a democracy, should reflect the will of the majority of people, is a part of the contract, so the direct democracy is the most authoritative and persuasive, great Chinese as large, one-sided emphasis on the direct democracy of constitutional amendments was undoubtedly harass the people and waste money activities Chinese, so by the people of all ethnic groups from all over the country, the people's Congress to vote on the constitution through or not, but the moment we amended the Constitution in 2004 vote saw a very interesting, as the national chairman Hu Jintao Comrade announced a vote whether the Constitution by constitutional amendment of 2004 after the first hand, agreed, and then each representative also made the most fair and objective choice, but the vote method is desirable, if we consider the anonymous ballot to vote on it, personally think that the anonymous vote the way to more formal, scientific expression representing the opinions, better reflect public opinion and democracy, there is a question worth considering is whether the representative of the interests of the broad masses of the people's Congress has enough energy To meet the interests of the people of choice, on the one hand, the National People's Congress is not difficult to see that, in order to ensure the interests of different classes, each class by the National People's Congress is born, but do not have objective self analysis problem of a small group and choose it, cite a simple example, table tennis player Wang Nan as athletes win glory for the country, and she as representatives of the National People's Congress to seek benefits for China people? On the other hand, China grass-roots democratic election system still need to be improved.

Amendment to the Standing Committee of National People's Congress of the CPC Central Committee put forward suggestion way is a debatable issue, the constitution should openly soliciting opinions, the constitution is related to every citizen thing, only the advice is not open, also should strengthen the legal provisions of the proposal right sector participation, strengthening the role of the NPC, the traditional method by the central recommendations, accept the NPC, there are certain limitations, amending the constitution to be imperative, but should pay attention to the constitutional procedure, through amending the constitution, to promote the development of constitutionalism is the ultimate goal of constitutional amendment, in this sense, there are constitutional citizen participation is the successful.

The 2004 amendment to the constitution held before the first National People's Congress meeting of the party into the party's "party constitution", and then through the Congress, a motionless into constitution, here we have to ask a question, don't China constitutional procedure is from the "constitution" to the Constitution? "Three Represents" as the guiding ideology of our party's constitution, the trace is the 1999 amendment to the constitution will Deng Xiaoping theory as the state ideology written into the preamble to the constitution, therefore, the constitution of our country has a strong ideological color, characteristics of constitution and "party constitution" has passed on by generations, but whether it can be regarded as the party will of the constitution, the constitution became the national management, instrument of class rule, instead of restricting the power. This is worth us thinking deeply, but also China constitutional construction need to avoid the situation, which requires us to establish a correct view of constitution. For the stability of China situation, we not only need to put the ruling way the Communist Party of China give the constitution, but also to the leadership of the party in the most happy under the constitution, must be clear about the party should in the constitutional procedure, the leadership of the party activities must abide by the constitution, can not go beyond the Constitution

(four) Chinese constitutional construction highlights the most important problem --

The validity of constitution and the safeguard mechanism

Even the most perfect constitution, if not effectively implemented, is a mere scrap of paper, and it can realize judicial review of constitution a valid, if there is no judicial institutions are independent and neutral review of legislation, then implement the provisions of the Constitution and the spirit of the completely depends on the legislative intention, the rule of law can't really rise to constitutional government, so we must establish the system of judicial review.

The case of Marbury v. Madison in the constitution of reasoning becomes a part of the national legal system, and can be the judicial institutions directly as legal basis in the trial process, for the first time realized the "judicial", reflected from the true sense of the effect of constitution, and further, the constitutionality of a independent and parliamentary institutions can according to the constitution to review legislation, so as to establish the constitutional review system, correct the legislative constitutional form. For the validity of constitution, the country has adopted in 2000 and entered into force "legislative law", Seventy-eighth of which clearly stipulates: "the constitution has the highest legal effect, all laws, administrative regulations, local regulations, autonomous regulations and separate regulations, regulations may contravene the constitution," however, we once written text level transfer to real life problems come one after another. Not only the common law violates the law phenomenon, and the Constitution guarantees citizens the right to sometimes by the central and local regulations, rules and violate normative documents greatly small, "everyone is equal before the law", "the personal freedom of citizens", "the basic problem of educational rights", but no effective legal solution. Therefore, in the face of constitutional theory and legal practice of this situation, people can not help on the market effect of doubt. That the individual can establish the independence of the review body height, the effective supervision of the NPC's legislative, and awarded the highest power in the institutional review constitutional constitutionality and interpretation of constitution. But how to correctly handle the relationship between people and the mechanism is to consider carefully, this institution is to belong to the people's Congress and how to make people in the constitution of the legislation and the Chilean model of constitutional review? So, set up a constitutional committee is feasible and safe.

(five) China constitutional construction way

One, must face up to the global scene and take into account the Chinese conditions, in revising the time to absorb the successful experience of political civilization in the world, and both Chinese conditions, to prevent the blind westernization.

To realize the transformation from the declaration of the constitution to the normative constitution, pay attention to the practicability and operability, attaches great importance to the supervision of the implementation of the constitution, and play the actual role of the constitution.

Three, rational distribution and limit the power of the government, safeguard the rights of citizens, to the civil rights in the constitution. Implement the decentralization principle, scientific and rational, and establish control balance of power, the legislative power to be clear, put an end to the phenomenon of the absence of censorship or supervise the implementation of the constitution.

Four, pay attention to the construction and innovation of the system of people's congress. The principle of people's sovereignty, the people's Congress of citizen's right safeguard principle, the supervision of the people as well as the principle of socialist rule of law is the principle of constitutional, our constitutionalism in the not ideal place can be in the people's Congress system is not ideal, mechanism is not perfect to find the reason, more important is the stage of constitution implementation and supervision and the system of people's Congress is be imperative, and improve the system of people's congress.

Five, to advance reform in the political system, attaches great importance to the constitutional system, construction and system innovation, the specific program today, our country constitutional amending the rules and procedures of some deficiencies still exist, the constitutional construction should not only on the macro point of view, we should pay more attention to the details of the constitution, and respond to national institutions political field modification is an important part of the constitution, thus, the constitutionalism construction is carried out in combination with the political system reform, strengthen the construction of constitutional government in the political system reform, pay attention to the reform of the political system in the constitutional construction.