Discussion on Constitution Supervision of Chinese Local People’s Congress: The Way out of the Nominal Constitution Supervision in China

Abstract

Due to the vague rules of Chinese constitution on constitution supervision of Chinese local people’s congress, there is an argument in the academic world on whether local people’s congress has the constitution supervision power. To figure out whether Chinese local people’s congress has the constitution supervision power, we cannot just read the text of the Chinese Constitution. We need to make comprehensive analysis on the relationship between the power of central and local governments, the purpose of constitution draft, and the objective reality so that to form a well structured realistic basis for the operation of constitution supervision system. Of course, the constitution supervision power cannot be obtained by every local people’s congress. The constitution supervision power of local people’s congress is not the final say and it is different from the constitution supervision power of the national people’s congress and its standing committee.

Key words: Chinese local people’s congress; Constitution supervision; Constitution supervision power