释宪机制的影响因子及其中国构造

The Impact Factor of the Mechanism of Constitutional Interpretation and Its Chinese Structure

释宪机制作为宪法解释的制度装置,深受国家政治制度、法律传统和思想文化的影响。释宪权由哪一机关掌握、释宪者人选以及释宪权行使的范围、程序,都在一定程度上受到国家政治制度的影响。但政治制度对释宪机制的影响最终通过法的方式予以表现和固定,释宪机制作为法律制度的组成部分,根植于国家的法律传统中。同时,释宪机制深深地镶嵌在一定的文化之中,无法摆脱国家文化传统的侵扰,有其深刻的思想文化渊源。上述因素在对中国的全国人大常委会释宪机的构建产生正面影响的同时,也对其正常运行产生了负面影响。以提高宪法实施效果为宗旨的释宪机制,需要平衡其政治合法性功能和现实有效性价值,为此,中国释宪机制纠偏的重点是补强有效性价值。

As a system, the mechanism of constitutional interpretation is deeply influenced by the political system, and the legal tradition and the ideology and culture of the country. The right of constitutional interpretation held by which authority, and the interpreter＇s choice and the scope and procedure of their fight to exercise, to some degree, are affected by the country＇ s political system, but its influences are show and fixed by means of law. As part of the legal system, the mechanism of constitutional interpretation grounded in the country＇ s legal tradition, in the meantime, it is enehased in a certain culture, can＇ t get rid of a national cultural traditions, and have profound ideological and cultural roots. The above factors have positive impacts on the standing committee of the National People＇ s Congress of China＇ s mechanism of constitutional interpretation, and at the same time, they also have negative effects on its normal operation. For the purpose of the mechanism of the constitutional interpretation is to improve the effects of the implementation of constitution, it is needed to balance its political legality function and practical effectiveness value. Therefore, the emphasis of the rectify china＇ s mechanism of the constitutional interpretation is to reinforce the effectiveness value.