Article 31 of the current Constitution of China stipulates: "The state may establish special administrative regions when necessary. The system to be implemented in the special administrative region shall be prescribed by law by the National People's Congress according to specific conditions. " The Constitution is the fundamental law, which consolidates and confirms that the socialist system is the fundamental system of the people of China. Now the constitution puts forward special administrative regions in the division of administrative regions, which undoubtedly shows that another system can exist under special circumstances. These systems include social, political and economic systems, systems for safeguarding residents' basic rights and freedoms, and administrative, legislative and judicial systems.
The special administrative region embodies the theory of "one country, two systems". "One country, two systems" means one country, two systems. The country is a unified and indivisible People's Republic of China (PRC) that adheres to the one-China principle. All local administrative regions within the territory of China, including Hongkong, Macau and Taiwan Province Province, cannot be separated, separated or become any independent political entity. The so-called two systems means that the socialist system is widely practiced in China, and the capitalist system can be maintained in the Special Administrative Region. According to the traditional theory and model, in socialist countries, there is only one system, that is, the socialist system can exist and develop. After the implementation of "one country, two systems", it broke through the original model and formed a new pattern of coexistence, mutual promotion and common development of socialist system and capitalist system in a country. This is a major innovation and development of China's national system according to its own national conditions, which embodies a high degree of principle and flexibility.
On the supervision system of constitutional implementation (this is so long! Someone helped streamline it. Into a big paper)
On the supervision system of constitutional implementation
The supervision system of constitutional implementation is a system to ensure the correct implementation of the constitution and supervise violations of the constitution. It is an important system to safeguard the authority and dignity of the Constitution and an important part of modern democratic politics.
Constitutional supervision can be divided into broad sense and narrow sense. The broad sense of constitutional supervision refers to the comprehensive supervision of relevant constitutional activities. As far as the subject of supervision is concerned, besides the full-time organs of constitutional supervision, it also includes other state organs, political parties, people's organizations, mass organizations and citizens. As far as the object of supervision is concerned, it includes not only the legislative, administrative and judicial activities of state organs, but also the activities of individual citizens and the activities of political parties, people's organizations and mass organizations. In a narrow sense, constitutional supervision refers to the supervision of legislative and administrative activities by organs with constitutional supervision function according to law.
Due to different historical and realistic conditions, different countries have different constitutional supervisory organs, mainly including the following three types: (1) The legislature supervises the implementation of the Constitution. In these countries, legislatures interpret laws, supervise the implementation of constitutions, and examine whether laws, regulations and administrative measures are unconstitutional. (2) The judicial organs supervise the implementation of the Constitution. In these countries, courts interpret constitutions and examine whether laws are unconstitutional. (3) Specialized agencies supervise the implementation of the Constitution. These countries have set up specialized institutions, such as the Constitutional Council and the Constitutional Court, to perform the duties of interpreting and supervising the implementation of the Constitution. Different constitutional supervision institutions have different supervision methods. When the legislature supervises the implementation of the Constitution, it mainly adopts written examination and normative examination. Under this system, the legislature can review on its own initiative or at the request, mainly to review the contents of legal norms. If the judiciary supervises the implementation of the constitution, the way of constitutional supervision is the same as that of ordinary courts, which is not only passive review upon request, but also case review. In the case that specialized agencies supervise the implementation of the Constitution, the supervision methods of the Constitutional Council or the Constitutional Court are different. The French Constitutional Council implements a system of prior supervision; There is no unified supervision mode in the Constitutional Court, some adopt the post supervision system, and some adopt the prior supervision system.
China is a country where the people are the masters of the country, and all the power of the country belongs to the people. The people exercise the right to be masters of their own affairs by electing their own representatives to form people's congresses, which is the fundamental political system of our country. Therefore, in the design of the constitutional supervision system, China neither exercises the constitutional supervision power by judicial organs as in common law countries, nor by specialized constitutional supervision institutions as in civil law countries. China implements a system in which state power organs supervise the implementation of the Constitution, and the power to supervise the implementation of the Constitution belongs to the National People's Congress and its Standing Committee.
According to the Constitution, the National People's Congress and its Standing Committee supervise the implementation of the Constitution. This supervision mainly includes the following aspects: First, ensure that the laws and decisions made by the National People's Congress Standing Committee (NPCSC) do not contravene the Constitution, and the National People's Congress has the right to change or revoke inappropriate laws and decisions made by the National People's Congress Standing Committee (NPCSC). The second is to supervise the administrative regulations, decisions and orders of the State Council, and the National People's Congress Standing Committee (NPCSC) has the right to revoke the administrative regulations, decisions and orders formulated by the State Council that contravene the Constitution and laws. The third is to supervise the work and judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate. Fourth, supervise the local laws and resolutions formulated by the provincial state power organs. the National People's Congress Standing Committee (NPCSC) has the right to revoke the local laws and resolutions formulated and approved by the state power organs of provinces, autonomous regions and municipalities directly under the Central Government that contravene the Constitution, laws and administrative regulations. The Constitution also stipulates that local people's congresses at various levels shall ensure the observance and implementation of the Constitution within their respective administrative areas.
According to the provisions of the legislative law, the supervision of administrative regulations, local regulations, autonomous regulations and separate regulations is carried out through filing and examination. Filing means that administrative regulations, local regulations, autonomous regulations and separate regulations are submitted to the National People's Congress Standing Committee (NPCSC) by the enacting body for filing and reference within a certain period of time after their promulgation. Filing is the basic work to supervise whether the above-mentioned normative documents conform to the Constitution. According to the provisions of the legislative law, administrative regulations, local regulations, autonomous regulations and separate regulations should be reported to the relevant authorities for the record within 30 days after their promulgation in accordance with the following provisions: administrative regulations should be reported to the NPC Standing Committee for the record; Local regulations formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees shall be reported to the NPC Standing Committee and the State Council for the record; Local regulations formulated by the people's congresses of larger cities and their standing committees shall be reported to the NPC Standing Committee and the State Council by the standing committees of the people's congresses of provinces and autonomous regions for the record; Autonomous regulations and separate regulations formulated by autonomous prefectures and autonomous counties shall be submitted by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government to the NPC Standing Committee and the State Council for the record.
Review. Review includes active review and passive review. Active review refers to whether the administrative regulations, local regulations, autonomous regulations and separate regulations submitted for the record in the National People's Congress Standing Committee (NPCSC) are in conflict with the Constitution. Generally, the Secretariat of the General Office of the National People's Congress Standing Committee (NPCSC) will distribute the normative documents submitted for the record to the special committees of the National People's Congress, and the relevant special committees will review the submitted administrative regulations, local regulations, autonomous regulations and separate regulations; The review opinions are fed back to the Secretariat of the General Office of the National People's Congress Standing Committee (NPCSC), and then fed back to the formulation organ by the Secretariat in the name of the General Office of the Standing Committee. The other is passive censorship. There are two kinds of starting mechanisms for passive review, one is that the statutory organ makes a request for review. According to the provisions of the Legislative Law, if the standing committees of the people's congresses of the State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate and provinces, autonomous regions and municipalities directly under the Central Government think that administrative regulations, local regulations, autonomous regulations and separate regulations are in conflict with the Constitution or laws, they may submit a written request for examination to the NPC Standing Committee, and the working organs of the standing committees will distribute it to the relevant special committees for examination and comments. The other is that organizations or individuals outside the statutory organs put forward review suggestions. According to the provisions of the Legislative Law, if the State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate and other state organs, social organizations, enterprises, institutions and citizens other than the NPC Standing Committees of all provinces, autonomous regions and municipalities directly under the Central Government think that administrative regulations, local regulations, autonomous regulations and separate regulations are in conflict with the Constitution or laws, they will be studied by the working bodies of the Standing Committees and sent to relevant special committees for examination and comments when necessary.
After receiving the normative documents that need to be reviewed, the special committee of the National People's Congress shall put forward its review opinions in writing within three months. The normative documents that need to be reviewed do not conflict with the Constitution or laws, and can be informed in writing to the General Office of the National People's Congress Standing Committee (NPCSC), which is responsible for informing the units or individuals that put forward the review requirements or suggestions. If the normative documents that need to be reviewed are in conflict with the Constitution or laws, they may submit written review opinions to the enacting body; A joint review meeting may also be held by the Legal Affairs Committee and relevant special committees, requiring the enacting body to attend the meeting to explain the situation, and then submit written review opinions to the enacting body. The formulation organ shall study and put forward opinions on whether to amend it within two months, and give feedback to the Legal Affairs Committee and relevant special committees.
If the Law Committee of the National People's Congress and the relevant special committees think that administrative regulations, local regulations, autonomous regulations and special regulations are in conflict with the Constitution or laws, and the enacting body refuses to amend them, it may put forward written examination opinions and revocation suggestions, and the chairman's meeting will decide whether to submit them to the meeting of the Standing Committee for deliberation and decision.