论我国专门宪法监督机构建立的模式及路径

The Establishment of a Specialized Constitutional Supervision System in China

全国人大作为我国宪法监督主体存在着许多问题,主要表现在:全国人大并非专任宪法监督机关,全国人大的监督缺乏经常性,全国人大成为宪法监督的盲点。建立专门宪法监督机构——宪法监督委员会应成为今后进一步改革和完善我国宪法监督制度的必然选择。宪法监督委员会应首先在全国人大内部设置,等条件成熟时再将其从全国人大中独立出来设置。最后要注意处理好宪法监督委员会与执政党的关系。

There are a number of problems considering the National People＇ s Congress as the subject of China＇ s constitutional supervision system in that the NPC is not a specialized constitutional supervising authority and that its supervision fails to work frequently. Consequently, a blind spot has appeared in the constitutional supervision by the NPC. It is suggested that a specialized Constitutional Supervision Institution or Committee be established, initially as part of the NPC, for the good of the reform and improvement in China＇ s constitutional supervision system, and that the Institution be independent out of the NPC later under appropriate conditions. Moreover, the relationship between the Institution and the governing party must be properly handled