The Research Of Our Constitutional Interpretation In Procedural Mechanisms

For the proper procedural mechanisms of constitutional interpretation, it not is so simple that we lack a good constitutional interpretation procedure, but it relates to the environment of the entire system and constitutional theory. Perfection of constitutional interpretation in procedural mechanisms involved to the prime big institutional environment for analysis, generally, they are the three areas, namely academic aspects, supporting institutions, specific program design.From the academic side, the theory of our Constitution is not native to our country, but introduced from the Soviet Union and the West. In the process of the introduction, we can not help but cause some theoretical confusion due to the different Soviet and Western constitutional theory and the system. The Western theory and Soviet theory of mutually applied, results to the chaos the theory in our Constitution interpretation, thereby affecting our interpretation of the Constitution to improve procedural mechanisms. The biggest difference in theoretical aspects is that the Western procedural mechanism of constitutional interpretation is based on the separation of powers, that the emphasis is checks and balances of powers, while the Chinese procedural mechanism of constitutional interpretation is based on the democratic centralism, based on the division of labor and cooperation, so the West can not be applied to improve the Chinese procedural mechanism of constitutional interpretation, but should be based on the democratic centralism,and the appropriate procedural mechanisms from useful experience in the Western interpretation of the Constitution. While it should also clarify the confusion at the Western theories, such as interpretation of the Constitution, the Constitutional Supervision, constitutional review and other concepts.From the aspect of supporting institutions, in accordance with the requirements of the democratic centralism, and the provisions of the Constitution, the competent organ of constitutional interpretation is the National People's Congress and its Standing Committee, so its supporting bodies of the constitutional interpretation is of course the National People's Congress special committee and its Standing working bodies. For the problems of constitutional interpretation, most scholars advocate establishing the Constitutional Council as a special committee or a working body, orestablishing the Advisory Committee on the Constitution to provide a reference. Of course, it can also increase the members of the constitutional scholars in the existing special committees or establish the system of constitutional expert to participate in the consideration of the bill. In fact, all kinds of methods are very good. What we need is to select one to improve our existing system.From the specific program design, as the National People's Congress and its Standing Committee for constitutional interpretation, it naturally decides that the process for us to interpret the Constitution is a legislative procedure, namely proposing and accepting constitutional requirements,drafting the text of constitutional interpretation, and consideration, adoption and publication. Chinese scholars have proposed a variety of ways to improve existing procedures. We will discuss a relatively viable program on the basis of the scholars study in this paper, hoping to contribute to our continuous improving program to interpret the Constitution.Furthermore, we can partially authorize the Supreme Court to interpret the Constitution in view of the experience and practice of our legislative interpretation and a successful running procedural mechanisms of constitutional interpretation in the west.