现状与蓝图:宪法监督的理论和实践分析

Current Situation and Blueprint:Analysis on Theory and Practice of Constitution Supervision

宪法监督是现代国家监督体系中最具有根本性的一种监督制度。我国"54宪法"初步确立了以立法解释为表现形式的宪法监督制度,1982年宪法建立了以全国人大及其常委会为主体的宪法监督制度。现行的宪法监督制度有其历史进步性,但仍然存在着不少缺陷和不足,突出表现为宪法监督不力,缺乏专门的宪法监督机关。因此,有必要加强宪法监督检查,维护宪法的权威,建立适应我国国情的宪法监督机关。

Constitutional supervision is a basic supervising principle among supervising system of a mordern state. Our constitutional supervising regulation, which is symbolized by legislation interpretation, was preliminarily established in our 54 Constitution. And a constitutional supervising regulation, whose chief body is the National People＇s Congress and its standing committee, was established in 1982. The present constitutional supervising regulation is characterized by its historical progress, while it has some deficiencies that could be shown as the inefficiency of constitution supervision and the lack of special office for constitution supervision. Therefore, it is essential to enhance the examination of constitution supervision, to safeguard the authority of the constitution and to establish a constitutional supervising office that suits our national conditions.