宪政与适合我国国情的宪法监督模式

Constitutionalism and Constitutional Supervision System Conformable to Chinese Condition

完善宪法监督制度是宪政发展的必由之路。我国目前宪法监督实为“议会至上”理念下的前苏联模式且并未有效运作;为实现法治,必须寻求有效运作的宪法监督机制。但是,欧美“经典模式”不符合中国国情,因而不可能简单移植。适合我国国情的应当是复合模式,即宪法监督的职能由立法机关与专门机关组成的复合式宪法监督机构承担。复合模式的运作,可以分为初级阶段和高级阶段两步走。

It's indispensable for constitutional development to perfect the system of supervision over constitution-enforcement. The constitutional supervision system in China today is actually none else but the soviet matrix established and directed with the ideal of parliamentary supreme. To realize the rule of law, we must seek for the constitutional supervision in effective operation. Western styles, regarded as the classic, however, would not be simply transplanted as a result of their contradiction to Chinese condition. It is a joint style that conforms to our condition, within which the function of supervising constitutional enforcement will be performed by a mixed supervision body Comprised of legislative and sepecialized organirations.The joint formwork will successfully put into operation at primary stage then senior one.