Earticle

초록

영어

It is an indisputable fact that the implementation of constitution in China faces difficulties. The reason for this lies not in the lack of a specialized review agency for constitution violations, nor in the inability to make constitution judicially enforceable. Instead, it stems from the ambiguity or absence of the targets of constitution implementation, fundamentally due to the integration of constitution and laws. From the perspective of the constitutionalism, the targets of constitution implementation should be limited to state organs and their powers, with legislative organs and their legislative powers being the most basic and primary targets. The integration of constitution and laws not only renders constitution unenforceable or unnecessary against legislative organs, but also renders it unenforceable or unnecessary against administrative and judicial organs. To break this abnormal state and ensure the effective implementation of constitution, it is necessary to downplay the democratic demands of constitution and emphasize its purpose of safeguarding human rights. It is also essential to acknowledge the normative and public law attributes of constitution, legally distinguish between constitution-making authorities and legislative authorities, clarify the boundaries of the power to amend constitution to distinguish it from the power to make constitution, abolish the independent power to interpret constitution and integrate it into the supervisory power of constitution implementation, and abolish the supervisory power of the National People's Congress and its Standing Committee over constitution implementation. Furthermore, a new state organ should be established along independent lines, specifically tasked with supervising the implementation of constitution.

목차

Ⅰ. Introduction
Ⅱ. The Ideal Target of Constitution Implementation from the Perspective of constitutionalism
Ⅲ. Integration of Constitution and laws: Manifestations and Causes
Ⅳ. Integration of constitution and laws and difficulties in constitutional implementation
Ⅴ. Conclusion: How to overcome the difficulties in the implementation of constitution
ABSTRACT

키워드

저자

• Zhao Qinglin [ Law School, Shanghai University ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340