On The Subject Of Constitutional Interpretation

The system of constitutional interpretation is an important legalsystem that ensures the implement of constitution. It has been paidattention to by the countries all over the world for a long time. To usethe constitutional interpretation can promote the constitution to developforward without changing clause of the constitution. Thus the stabilityof the constitution is guaranteed and can constantly meet the need ofobjective reality. So there has been formed a set of more perfect systemsgradually both in theory and in practice in western countries.In our country, the constitutional interpretation is a weak linkand has not played its due role yet. It is urgent to perfect the systemof constitutional interpretation and make it play its due function. Inrecent years, with the development of constitutional practice, thescholars of our country began to pay close attention to the research ofthe constitutional interpretation system and accumulated certain researchresults tentatively. At p resent, the scholars' research is concentratedon subject of the constitutional interpretation mainly, but hasn't carriedon thorough studying to the actual conditions of our country. The author'sopinion is to perfect the constitutional interpretation system based onthe regulation of the constitution instead of setting up a new system.This thesis makes a study on the constitutional interpretation system withthe scientific method of dialectics, historical analytical way, inductionand comparison etc. This thesis is composed of the preface, four-part mainbody and the conclusions.The first section is the preface. This part mainly introduces thenecessity to perfect the subject of constitutional interpretation in asituation that our country at present.The second section is main body, which consists of four parts. Inthe first part, the general theoretical question about the subject ofconstitutional interpretation is discussed, and several kinds of subjectof constitutional interpretation oversea have been introduced, itforeshadows the next discussion. The second part compares and analyzesdifferent country' constitutional interpretation system. It proves that we can't rashly take other country' good mode through simple relativelystudying and bring and use by me, but should use the experience of othercountries for reference rationally. The third part describes and analyzesthe constitutional interpretation of our country. The second part and thethird part are the focal point of the thesis. The fourth part puts forwardsome advices for perfecting our country's constitutional interpretationsystem. It mainly includes three aspects: the subject, procedure and formof the constitutional interpretation.The third section is conclusion. The design of the constitutionalinterpretation system in our country must according to fact ourconstitutional government. Although there are some defects in this systemin our country at present, it suits China's practical situation basically.So our task of top priority is how to prefect it.On basis of the experience summed up by our predecessors, the authorputs forward some new ideas. For example I classify the constitutionalinterpretation to the interpretation of express and the interpretationof constitutional review according to the practice of constitutionalinterpretationin different country. In order to operate the system ofconstitutional interpretation in our country, I design differentprocedure to different type of interpretation when perfect the system ofconstitutional interpretation of our country.