The Problems And Suggestions Of Chinese Constitutional Supervision System

Implementation is the life of the Constitution,the authority of the Constitution lies in the implementation.The constitutional supervision system is an important measure to ensure implementation of the constitution,the design of the system directly affects the effect of the implementation of the Constitution.1954,China's first constitution established the constitutional supervision system,where NPC,the NPC Standing Committee is the supervisor.The aim of the system is to maintain constitutional order and ensure people's democracy.With the deepening of reform and opening up,our original constitutional supervision system has been unable to meet the requirements,a lot of problems are appearing:The first,NPC,the NPC Standing Committee is not only the legislation,but also the supervisor,it is bad for supervision.In the second,the design of our country's constitutional supervision system is backward,there is no clear supervision and inspection standards.Thirdly,there is no strong sanctions.Fourth,it is difficult for citizens to start the procedure,it is very difficult to operate.Aiming at the problems above,the paper puts forward some suggestions: The first,set up the constitutional committee in NPC,The Constitutional Council has the right to constitutional review to ensure the timely,fair,efficiency.Second,it is expanding the scope of supervision to strengthen the constraints on public power.Thirdly,it is Strengthening supervision procedures and punishment.In addition,the supporting mechanisms of Constitutional Supervision should be established to address the negative status.Setting Supreme People's Court review as necessary procedure is good to protect the fundamental rights of citizens and prevent a Civil Lawsuit Abuse.