On The Application Of "Constitution" Interpretation In Taiwan Area And The Possible Value To The Mainland China

The purpose of the mechanism of the constitution procedural interpretation is to make the text of the constitution becoming operational "live" one,so the constitution could maintain the constitutional order and protect the people's right.And for the procedure of the applying the constitution interpretation as a part of the constitution procedural interpretation and the advanced procedure of it,so it is possible for people's right to provide constitutional right relief,making them to test whether need to apply constitutional interpretation under the law;more than this,it provides a standard for the subject of constitution interpretation and a relative standard when the subject is deciding whether to accept the cases.The article basing the content of the procedure of the applying constitution interpretation of Taiwan and classifying by the subject of the applying constitution interpretation,discusses the dispute,necessary condition and relative problem about applying the constitution interpretation,then the article compare the applying"constitution" interpretation between Taiwan area and German,analyzing the development of the "constitution" interpretation in Taiwan.Finally it summarizes the meaning that the application of "constitution" interpretation in Taiwan shows to us.In the first chapter,the article makes a brief introduction to the procedure of constitution interpretation,the procedure of the applying constitution interpretation and discusses the meaning of studying the applying constitution interpretation.In the second chapter,the article introduces the applying "constitution"interpretation in detail in Taiwan and has a discussion about the debate,the necessary condition and the problem when the four subject,namely,people,the corporation,the political party,the court(judge),legislator and the government,apply the "constitution"interpretation.In the third chapter,comparing the procedure of the constitution interpretation between Taiwan area and German,firstly the article introduces the constitutional petition,the system of specific regulatory review,the system of abstract regulatory review in German,then comparing with Taiwan area,finally analyzing the development of the procedure of application of constitution interpretation in Taiwan area.The final chapter shows the necessity and possibility of setting up the system of constitution interpretation in mainland China and analyzes the meaning when building the relative system through the experience of Taiwan area in mainland China.