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宪法监督制度是一个国家宪政制度的重要组成部分,我国真正意义上的宪法监督还一次都没有实施过,这种状况必将影响社会主义法制的统一以及社会主义法治国家的进程。江总书记在党的十五大报告中指出,要深化改革,完善监督法制。建立健全依法行使权力的制约机制,首要的就是要“加强对宪法和法律实施的监督”。这就为我国目前建立和健全宪法监督制度指明了方向。但是,我国究竟建立何种类型的宪法监督制度,宪法监督的制度设计如何与现行体制相衔接,实践没有作出回答,理论上也没有一个统一的、公认的、合理的解释和说明。
The constitutional supervision system is an important part of a country’s constitutional system. In the true sense of our country, the constitutional supervision has not been implemented once again. Such a situation will surely affect the unification of the socialist legal system and the progress of a socialist country ruled by law. In his report to the 15th National Party Congress, General Secretary Jiang Zemin pointed out: We must deepen the reform and improve the supervision of the legal system. Establishing and perfecting the restrictive mechanism for the exercise of power according to law, the first and foremost is to “strengthen the supervision over the implementation of the Constitution and the law.” This points out the direction for establishing and perfecting the constitutional supervision system in our country. However, what type of constitutional supervision system is actually established in our country? How does the system design of constitutional supervision connect with the current system? No answer has been given in practice. There is no theoretic explanation and explanation of the system.