Research On Legislative Constitutional Interpretation

As the anchor of the country’s rule of law system,the Constitution has played the most critical role in the healthy development of the rule of law construction in China,and this key role must be inseparable from the implementation of the Constitution.Among them,"constitutional interpretation" is undoubtedly one of the most important ways to make the effective implementation of the Constitution.Distance from our country in 1982 the constitution announced forty years,although our country’s national and its standing committee nominal never released a formal interpretation of the constitution,but the central high-level file frequently mentioned the word "constitution interpretation" and the objective existence of the practice of law construction authority to explain the constitutional problem of the phenomenon or the results fully show that the provisions of article 67 of the constitution of the standing committee of the National People’s Congress "explain the constitution" is not vacant.In fact,the NPC and its standing NPC Standing Committee regularly interpret constitutional issues as legislators in practice.This legislative interpretation of the text of the Constitution is called a legislative constitutional interpretation.Legislative constitutional interpretation belongs to the legislative power of the state and has the attribute of constitutional interpretation power.The legislative constitutional interpretation is enough to meet the basic elements of the usual constitutional interpretation,and it is also different from the constitutional interpretation under the strict constitutional review system implemented abroad.Legislative constitution interpretation as a kind of constitutional interpretation in the practice of our country,its forms,the legislative constitution interpretation in fact played the important role of the effective implementation of the constitution in our country calls for to strengthen the constitution interpretation work background,it is necessary to study the legislative constitution interpretation of our country and induction.This thesis mainly consists of five parts.The first part is the introduction,which mainly expounds the research background of the topic selection,the relevant research review of the legislative constitutional interpretation,the research methods used in this writing and the innovation of this thesis.The second part mainly discusses the concept of the legislative constitutional interpretation,analyzes the existing research direction on the basis of its clear definition,clarifies the position of this thesis,discusses the composition of the constitutional interpretation,and compares the legislative constitutional interpretation with the constitutional interpretation in the sense of constitutionality review.The third part is mainly summarized on the basis of analyzing the implementation status of constitutional interpretation There are forms of legislative constitutional interpretation,and explain how to explain the constitution.The fourth part is mainly to discuss the possible problems of the legislative constitutional interpretation system,and to put forward the corresponding questions.The fifth part is mainly to analyze the problems of the legislative constitutional interpretation mentioned above and try to put forward the countermeasures.