On The Guarantee Of Constitutional Enforcement In China

This master thesis consists of six parts: Preface, Constitutionalism and the Enforcement of Constitution, the Basic Contents of Constitutional Enforcement, the Crucial Problems Existing during the Process of Constitutional Enforcement, the Principal Measures about Improving the Guarantee System of Constitutional Enforcement in China and Postscript. Starting with the usual fragments of our daily life, the preface attempts to show that there is a great gulf between the textual constitution and the real constitution, and to emphasize the necessity of the issue of ensuring constitutional enforcement. Beginning with the concept of constitutionalism and constitutional enforcement, chapter I respectively discusses the basic contents of constitutional enforcement in China. i.e. The principle idea of constitutionalism is to construct a limited but capable government which is responsible for insuring democracy and improving people's livelihood; The maturity of exterior conditions, such as economic marketability, political democratization and cultural diversity etc. is indispensable for the smooth enforcement of constitution; constitutional enforcement is the hard core of constitutionalism, and constitutionalism is the value orientation of constitutional enforcement. Starting with the angles of constitutional interpretation, modification and litigation, chapter II explains separately the subject, methods and principles of constitutional interpretation, the necessity and limitation of constitutional modification, the importance of constitutional litigation in the rule of law and the construction of constitutionalism. What's more, on the basis of reviewing constitutional modification and litigation, the author advocates that constitutional modification should be limited more rigorously in order to maintain the authority of constitution, and disagrees that there is legal foundations for constitutional non-litigation in China. Beginning with the lack of constitutionalism religion, the defect of constitutional text and the flaw of constitutional supervision system, chapter III expounds the key problems existing during the process of constitutional enforcement. To say concretely, the first is the frequent modification of constitution, the supreme of National People's Congress, the indirect application of constitution, the frequent occurrence of breach of constitution and so on; the second is the deviation of value orientation, the shortage of constitutional normalization, the evolution of ideology of making constitution and so on; the third is the non–profession of subject, the absence of procedure, the dim of legal foundations, the abstract of the responsibility of breach of constitution and so on in the constitutional supervision. Chapter IV conceives some principal measures about perfecting the guarantee system of constitutional enforcement from the aspects of the cultivation of right-orientated ideas, the improvement of constitutional supervision system, including the specialization of subject, the broaden of object, the legalization of procedure and the concretization of the responsibility of breach of constitution, and the promotion of the process of constitutional litigation. The postscript suggests the difficulty of constitutional enforcement through manifesting the beauty of constitution, furthermore, the more beautiful the flower of constitution is, the longer the road of constitutionalism will be. In a word, under the context of the mixture of systems and ideas, beginning with the relation between constitutionalism and constitutional enforcement, the author in this thesis tries to outline thepanorama of the process of constitutional enforcement, to analyze the hard malady of the guarantee of constitutional enforcement and to construct the prospect of constitutional enforcement in China through penetrating the background of grand narration.