On The System Of Russian Constitutional Court

Constitution is the state's basic law, which the state systems base on, and it is also the Protection of the human rights. Apart from playing on the people's consciously abiding by, the validity of Constitution works on the protection mechanism for the Constitution's implementation. The Constitution control system is an important component of the Constitution. The Constitutional Court has been adopted as one of the constitutional supervision system models by many countries. In the period of USSR the highest organ of state power and constitutional supervision committee were granted with the power to supervise the Constitution's implementation. After the disintegration of USSR the Constitutional Court was established as a specialized agency of the Constitution supervision. The theoretical basis of the Constitutional Court system is formed by the theories as following: the sovereignty of the people, separation of powers, protection of human rights and constitutional supremacy. The power of the Constitutional Court is a part of the whole jurisdiction of the Russian Federation. The Constitutional Court review the cases on the application from other governmental organs or all the citizens. The Constitutional Court of Russian federation works by these principles: independently, collectively, orally, publicly, continuously, equally and both in debate. The system of Constitutional Court acts actively to protect human rights. However, it is still restricted for the citizens to apply to the Constitution Court by the limits.In China there is already system of constitution supervision, although its function doesn't work well. In recent years there were some cases such as "Qi Yuling on the rights to be educated" and the situation of legislation less in order, which arouse people to care more on the construction of active and functional system of constitutional control. China was in line of the socialism with USSR, and there is much in the same of the both countries on the political and legal system. So it is very important for Chinese to learn the experience of Russian constitutional court system. Research on Russian constitutional court system especially in transition of the society means a lot to the improvement of constitutional control in China. This paper focuses on the forming of Russian Constitution court system, its background, structure and the problems with it. With the study on the Russian Constitution court system we can think it over about how to make the system of constitutional control effective.This article fall into such chapters as below:In the introduction the author outlined the profile of the system of Russian Federal Constitutional Court. The author analyzed the conformation of Russian Federal Constitutional Court system in the 1st chapter, including the models in USSR, the background and conditions that the conformation of Russian Federal Constitutional Court system lied in. The chapter 2 tells the status of Russian Constitutional Court its duty in law. In the 3rd chapter is expounded the structure of Russian Federal Constitutional Court. The author also studied the changes of the purview and procedure of the court, and the course of the changes behind. The problems with the theory and practice, which the bodies of the court met, were stated in this chapter. In the 4th chapter the author stated principles and mechanism of the procedure the court works in. The Constitutional Court of Russian federation works by these principles: independently, collectively, orally, publicly, continuously, equally and both in debate. However it is still restricted for the citizens to apply to the Constitution Court by the limits. In the 5th chapter the author summarized the debates about the theory of the Russian Federal Constitutional Court system. And the shortages were revealed in this chapter as well. People cared most on the nature of the resolution by the constitutional court: is it judicial or legislative? This leaded to the disagreement about the grade of validity of the resolution. People also have some suspicion about the competence of the common court to examine the constitutionality of regulations when they applied the regulations to the cases. In the 6th chapter the author compared the systems of constitutional supervision in China and Russia. It is concluded that it is necessary and possible to build up active and effective system of constitution control. In the last chapter it is concluded that to build the effective system of constitution control in China is ought to base on the reality of our country.