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On The System Of Russian Constitutional Court

Posted on:2013-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2246330377455614Subject:Constitution and Administrative Law
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Constitution is the state’s basic law, which the state system 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 supervision the Constitution’s implementation. After the disintegration of USSR the Constitutional Court was established as a specialized agency of the review of constitutionality. The power of the Constitutional Court is a part of the whole jurisdiction of the Russian Federation. The Constitutional Court reviews the cases on the application from other governmental organ or all the citizens. The Constitutional Court of Russian federation works by these principles:independently, collectively, publicly, continuously, equally and both in debate. In Russia, the law has specific requirements of the general procedures for constitutional justice.In China there is already system of review of constitutionality, although its function doesn’t work well. China was in the 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 China to learn the experience of Russian constitutional court system. Research on Russian constitutional court system means a lot to the improvement of review of constitutionality. This paper focuses on the forming of Russian Constitutional Court system, its background, the contents of Russian Constitutional Court system, the effects and problems. With the study on the Russian Constitutional Court system we can think it over about how to make the system of review of constitutionality more effective.This paper is divided into six parts:1st part:the general situation of research on the system of Russian Constitutional Court.2nd part:in this part the anthor outlined the overview of Russian constitutional court system,including the forming of Russian Constitutional Court system,its background, the form of organization,its composition,authority and principles.The law has the acts about the election of Russian Constitutional Court judges.In Russia,the law has specific requirements of the general procedures for constitutional justice.3rd part:in this part the author appraised the Russian Constitutional Court system. The Russian Constitutional Court on the maintenance of constitutional value;persisting in the constitutional independence of the judiciary and the supreme authority;through legal channels to resolve the ownership dispute of state organs;to safeguard national unity and territorial integrity;the protection of fundamental rights of citizens;for improving national legal systems; protecting implementation of the constitution and other aspects important role.But the Russian Constitutional Court system is not perfect. Also there are many problems,including the lack of enforcement of the sentence.The legal status of the Constitutional Court and terms of reference are uncertainty.4th part:in this part the author appraised the system of Russian Constitutional Court in order to reveal the lacks of the system of review of constitutionality in China.5th part:in this part there is a summary of the Russian experiences.The system of review of constitutionality in China must be in line with national conditions;the system of review of constitutionality needs a long process; our system of review of constitutionality should focus more on procedural and the diversity of methods.6th part:as globalization continues tO impact, the system of review of constitutionality in China will face unprecedented challenges and should be improved.
Keywords/Search Tags:Constitutional
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