论我国宪法解释的提起人

On the Appellants for Constitutional Interpretation in China

《立法法》规定的法律解释提起人有国务院、中央军委、最高法院、最高检察院、全国人大各专门委员会和省、自治区、直辖市的人大常委会。有关学者起草的《宪法解释程序法》将其一分为三:一是抽象审查性解释的提起人,基本包括上述主体,同时增加了60人以上全国人大代表或者一个代表团,建议增加较大市的人大及其常委会并将一个代表团改为两个,同时去掉最高法院和最高检察院;二是具体审查性解释的提起人,包括最高法院(提起权)和在审法官及当事人(建议权),建议再增加最高检察院;三是宪法诉愿的提起人。宪法诉愿与具体审查性解释既有联系也有区别。

According to the Law on Legislation,there are several legitimate appellants who have the authority to demand for a constitutional interpretation:the State Council,the Central Military Commission,the Supreme Court,the Supreme Procuratorate,the special committees of the National People's Congress,and the standing committees of the people's congresses in the provincial level.The Procedural Law on the Constitutional Interpretation drafted by some scholars divided these appellants into three categories.The first category is in charge of interpretations drawing from the abstract constitutional review.This category includes all the organs listed above with the exception of Supreme Court and Supreme Procuratorate.In the meantime,the first category should include 60 deputies or a delegation in the NPC,in the draft,it is suggested to also include the people's congresses and their standing committees of the relatively big cities,as well as two delegations instead of one.The second category is about the interpretations drawing from the concrete constitutional reviews.The competent organs would be the Supreme Court(the power to file a demand),and the sitting judges,as well as the parties of litigation(the right to suggest).The Supreme Procuratorate is also in the second category.The third category is about the constitutional complaints,which is connected to but different from the concrete constitutional review.