Central to the relationship between social administration and the constitutional guarantee of innovation

Social management and innovative problem was first proposed by the CPC Central Committee, 2004 <<CPC Central Committee on Strengthening the PArty's governance capability of the decision to>> the first time: "strengthening the social construction and management, social management system to promote Innovation." "In-depth rules of social management, improve the social management system and policies and regulations, integration of social management of resources, establish and improve the PArty leadership, government responsibility, social cooperation, public pArticipation in the social management pattern. "seventh report of the pArty's 2007 re-emphasized:" We need to improve pArty leadership, government responsibility, community and public participation in the social management pattern, improve grassroots social management system. "March 14, 2006, the Tenth National People's Congress approved the fourth meeting of the <<Republic of China national economy and social Development in the Tenth Five-Year Plan>> set up special "improve the social management system," a chapter (Chapter 42, clearly states: "A sound party leadership, government responsibility, social cooperation, public participation in the social management pattern, promoting social management system Innovation. "Thus, social management Innovation is not only a party's request, but has also become an important task of the government and focus. Although scholars believe that the main body of social management, including government and social organizations [1], but most scholars point of view, the main social management of the Government's management of the community, except the government is political, economic and social affairs of the outside (such as employment, social security, food security, housing, safety, Environmental Protection, Education , health, sports, civil, family planning, urban and rural construction management. [2] With the Development of market economy and building a harmonious society, in the past planned economy era that a "unit" and "quasi-unit" built based on "Unity, command-type" [3] the social management system can not meet the requirements of the times, the need to reform, need for Innovation. "promote social management Innovation, the key is to effectively change the government functions," "should focus on resolving the government's social management functions of 'absence', 'Offside', 'dislocation' of the problem. "[4] In my opinion, the innovation of social management, including: (a range of social management of innovation, the original direct management by the government in fact the community can self-management of the affairs by the urban and rural grassroots self-government organizations, associations, trade organizations, social organizations, intermediary organizations and civil society organizations to do, encourage social organizations in the social role of the management of public affairs, (2 social management of innovation, even if still managed by the Government of affairs, so that the community collaboration, public participation, (3 innovative social management institutions, such as "most of the system" reform, the creation of such administrative service center, (4 central to the relationship between the social management of innovation, that is, reasonable division of the central government and local government responsibilities in the social management. social management of innovation is inseparable from the support and cooperation of Law, of course, can not do without the guidance of the Constitution, the innovation of social management can not ignore the Constitution's protection. In Therefore, this paper intends to social management central to the relationship between innovation and the constitutional guarantee of the problem for a little superficial to initiate.

First, the current relationship between social management central to a major challenge to the central question is where

In recent years, continue to mine accidents in China, environmental pollution incidents frequent incidents of violence have occurred demolition, house prices, social security funds are frequently diverted big ... .... In short, the management issues related to social prominence, as General Secretary Hu Jintao the party's seventh report points out: "The labor and employment, social security, income distribution, Education, housing, safety, justice and public security, and personal interests of the masses is still more" [5].

The social management problems caused by many reasons, however, there is an important but often overlooked reason that local governments do not strictly enforce the relevant Laws and policies, the central government does not have enough authority to ensure the Development of relevant Laws , regulations and policies in place are implemented. As the 2006 mid-July when he was the State Administration of Work Safety Li Yizhong, held in Chengdu at the safety situation report noted: "The State Council ... ... in safety work series of policy measures, many still remain in words, documents and meetings, and did not really implement the county, township and businesses. "" responsible in some places, only to see consolidation with the closure of the local Development may be to some of the issues, do not see these small mines evil dead, disastrous situation, policy execution step by step so reduced. "[6] Again, September 20, 2007 when he was Deputy State Environmental Protection Administration Pan Yue told reporters disclosed: "There is a large province's environmental resources, the Secretary, while he was governor of why the clash Environmental Protection Administration scolded, scolded by my side Why can not strictly enforce the Law." "more funny is that many parts of the Secretary to inform the local pollution, but still can write anonymous letters to the State Environmental Protection Administration. "[7] points to the two Secretaries, some local governments do not strictly the current national Laws and policies which lead the central laws and policies can not be been implemented at the local difficulties.

Then the burden of farmers a few years ago an example, the attitude of the central reduce the burden of farmers has always been very firm, official documents issued by one by one, but not solve the problem of peasants around the common, not only repeated, but worse. As early as 1985 years, the CPC Central Committee, the State Council issued a <"On the suppression of chaos to the farmers, levies, arbitrary charges notice>>, February 1990, the State Council issued again <" On the burdens of notice>> the same year in September the Chinese Communists Central and the State Council have jointly made <"On the firm to stop all kinds of arbitrary fines and fees assessed on the decision>>. However, there is more than that, the issue of burden of farmers are still growing. there are indications: to 1991, rural per capita net income of the country only 9.5 percent over the previous year, while rural per capita over the same period of the "village reserve" and "townships" has increased by 16.7 percent, the rural labor force commitment are provided compulsory labor and labor accumulation do the job than the previous year 33.7%! December 1991, the State Council issued a legally binding <<farmers bear the costs and labor regulations>>, but still with little success. To 1996, the CPC Central Committee and State Council issued a famous "Thirteen document" , that is, <"On a really good job of work to reduce the burden of the decision of farmers>>. However, when the burden on Chinese farmers than any year in the history of re-.1997 May, sixteen days in a short period of time, series of four on the central issue of solving the "three rural" issue of notice, but around 1997 the burden of farmers before Queshi Kong. According to the Ministry of Agriculture statistics show that rural cooperative economy: 1994 to 1997, four years of income of the farmers only one nine in 1993 twice, and farmers turned over to state authorities the burden directly was a four-year annual average of nine times before, and farmers in recent years direct administrative and institutional commitment to the social burden as well as 1993 more than double the year, including fund-raising assessed reached three three eight times. [8] Clearly, the central government to reduce the burden on peasants and promulgated regulations and policies, lack of effective implementation at the local.

"There are policy measures to counter" the lack of central authority, the central authority is a serious challenge to local government, which has become a living reality. In 2007 "two sessions", the CPPCC National Committee member Yang Zhifu Premier Wen Jiabao conveyed to a jingle : "village fool Township, township lie County, has lured the State Council. The State Council document, layer by layer down to read, finished file into the hotel, the file does not deliver." [9] the jingle on the fraudulent evasion officials Under the decree unreasonable practices and the status of the central image of exaggerated and presented it out. as Fellow at the Center of Asian Studies, University of Hong Kong, Mr Gan Yang pointed out: "In fact, China today, the mechanism of social integration and capacity is quite fragile, and its focus on performance is increasingly prominent so-called 'central and local' this basic tension. This is nothing more than the substance of tension, due to the Differentiation of Chinese society of the highly developed, has led to 'Central' on the basis of a sense of lack of sufficient power to integrate different social interests contradictions and conflicts. "[10] Perhaps because of this, Premier Wen Jiabao at this year's" two sessions ", that:" All regions and departments of the central decisions and arrangements to perform strongly, never allow their own way. "[11]

Second, central to the social management of innovation focuses on the relationship between central and local powers and responsibilities of social management by the rule of law

The central challenges facing local problems, it is clear the management of current social relations must be central to innovation and, of course, we need to find the cause, and remedy.

Why the central decree on social management is not smooth in some places, some local governments do not implement the central laws and the social management policy? Reasons are multi-faceted, one of which is rooted in the social management of the central and local division of duties and powers unknown, the central What with the local management control what the law is not clear, that is, the central and local management responsibilities in the social aspects of the rule of law by a low level.

Although section 110 of the Constitution, paragraph 2, of the "people's governments at various levels on the local level and report on the state administrative organs responsible for the work. Local governments nationwide are under the unified leadership of the State Council, the state administrative organs are subordinate to the State Council" , but our Constitution and laws of the respective central government and local governments have little authority to make any division, the rule of law is low. our Constitution the provisions of section 89 of the State Council's functions and powers in the provisions of the State Council the power to "direct and administer economic work and urban and rural construction, "" leadership and management Education, science, culture, health, sports and family planning, "" leadership and management of civil affairs, public security, judicial Administration, supervision, etc., "" leadership and management of national affairs. "Meanwhile, provided in section 107 functions and powers of local government provides: "Local people's governments above the county level in accordance with its authority under the law, the management of the administrative area economy, Education, science, culture, health, sports, urban and rural Development finance, civil affairs, public security, nationalities affairs, judicial administration, supervision, family planning and other administrative work. "In China <<local people's congresses and local people's government at all levels, Law"> Article 59 places above the county level governments at all levels have the right to "manage the administrative area of the economy, Education, science, culture, health, sports, environmental and resource protection, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration, supervision, plans reproductive and other administrative work. "we can see that the current constitution and laws of the central government and local governments almost the same terms of reference, there is no division in the law, including the central government and local governments, including the social management of the authority. As state Committee and State Council Secretary-General Ma Kai pointed out: "For a long time, the existence of the central government and local governments 'responsibilities with the structure' of the problem, the central government and local government powers shall not expressly or by more general provisions have , the lower powers between the executive authorities is unclear, leading to relations between central and local norms, stability is not enough, authority is unknown, overlapping functions, it will affect the administrative efficiency, but also affect the functions of the government to play. "[12]
Regardless of the central and local powers and responsibilities, is the result of anything on the surface of the central tube, but did not actually appropriate security, "the magistrate is not as good as tubes." In fact, the place holds great power Local control almost everything, as <<People's Forum>> an article pointed out: Take the county party secretary, the "in addition to diplomatic, military, national defense, not the content, they have the power to almost no difference between the central . "[13] Thus, in real life, laws and policies of the central mainly rely on local governments to implement, will mainly rely on the authority of the central place to maintain. For example, our Constitution provides minerals, water, urban land and so belongs to the state, but in fact they are not directly by the central and comprehensive management of their own, but mainly owned by local government where the management, and mainly by the local government responsible for the implementation of <<Mine Safety Law >>,<< Water Law >>,<< Land Management Law "> and other relevant laws. However, some local governments are often based on their self-interest and sham to" flexible "implementation," compromise "do not even perform the implementation of laws and policies of the central , which also produced a number of major issues in China today. [14]
To previous years of compulsory education in rural areas, for example, duties and powers of the central and local is not clear, not clear, particularly in terms of education funding and outstanding, December 24, 2005 the State Council issued the National Development (2005) 43 < <State Council on deepening the reform of the mechanism to ensure funding for rural compulsory notification>> to refer to the question: "mechanism to ensure funding for rural compulsory education in China, the responsibility is still not clear at all levels of government investment, the more prominent financial supply and demand, education irrational allocation of resources, a heavier burden on farmers and other outstanding problems of education. "children of the farmer the right to education which is leading an important reason for lack of protection established In 1986 <<Compulsory Education Law"> only to distinguish between the State education authorities department of the teaching system, teaching contents, curriculum and textbooks ranking of the duties and local levels of government to set a reasonable primary and junior middle school duties, only requires "the state free of tuition fees for students receiving compulsory education" and "the implementation of compulsory education operating expenses and capital investments required by the State Council and local people's governments at all levels is responsible for financing, be guaranteed, "and there was no clear central and local investment in their respective responsibilities in education. But in fact, the central shift the responsibility for compulsory education investment pushed to the right place. In the same year, the State Education Commission issued the <"On the implementation of the <Compulsory Education Law" Opinions on Several Issues>> clearly states that "investment in rural primary and middle school building to township and village self-oriented. local government on the economy have difficulty, as appropriate, grants. "approval by the State Council in 1992 by the State Education Commission issued the <<compulsory education law implementation details>> still provides that" the implementation of collection of miscellaneous fees for compulsory education schools, "" Local people's governments at all levels set Expenditure for the implementation of compulsory education schools and basic construction investment, by raising local people's governments responsible. "a result of such a system of rural compulsory education funds are mainly from the towns and the farmers themselves. According to the State Council Development Research Center survey Since Shishi Yiwujiaoyu since the ratio of investment funds for rural compulsory education, the Central Government to pay part of only 2%, provinces and regions (including the burden of part of the prefecture-level cities add up to only 11%, counties and county-level city 9% of burden, the burden of all the township is 78%. [15] As in many parts of the township fiscal revenues from the peasants to pay more than half of the agricultural tax, so the township to provide funding for rural compulsory education and about half come from farmers even themselves. However, these funds remain insufficient even to pay teachers salaries, arrears of salaries to teachers in rural areas is a common phenomenon. As a result, a significant increase in school tuition and fees only through such means as to make up for lack of funding for education, but to further increase the burden on farmers and cause many can not afford the tuition and fees for rural children and dropped out of school, school-age children enrollment rate in rural areas in some places even less than 50%, primary school enrollment rate less than 30%, of which a higher proportion of girls out of school. At the same time Since lack of education funding, many rural schools not only lack the necessary teaching equipment, and there are many dilapidated houses, some dangerous rate of 5%, some 10% or more. [16] September 2003, the United Nations in charge of education rights affairs of a special investigator to visit China for two weeks, the criticism of our government in ensuring the right to education is not even poor African countries such as Uganda, "the government provides only 53% of school funding, the rest borne by the parents, the proportion more than the implementation of compulsory education in all countries are low. "[17] China's central government and local governments is unclear on the issue of compulsory education, especially compulsory education in the Central Government on the low cost, have resulted in serious consequences. According to national statistics Bureau released data from 1986 <<Compulsory Education Law "> to 2000 after the enactment of 15 years, the total number of school-age children not in school close to 3,200 people, the number of primary school stage totaled 3791.5 million, primary school, not The number can be up to 5074.7 million in further studies, the number of junior secondary school to reach 3067.6 million (not including 1986, the number of junior secondary school. taken together these four cases, that is not primary school enrollment and the number of people dropping out of school and junior not the number of studies and dropped out of school, to 15,132.6 million. They are all <<Compulsory Education Law "> after the promulgation of no or not fully enjoy the" nine-year compulsory education "group, and these people are basically rural areas children. [18] These are currently rural or even urban factory is the main labor force, they are illiterate or semi-illiterate labor force quality will naturally affect their own survival and development, and restricts the rural development of the country as a whole.

In view of the central and local responsibilities in terms of aspects of social management division of the situation is not clear, obviously central to relations between the social management of innovation should be focused on clearly defined legal responsibilities and the central and local powers .2004 February 21, Premier Wen Jiabao leading cadres at provincial and ministerial level, "establish and implement the scientific concept of development" theme of the speech class when the closing ceremony had clearly pointed out: "In the past we have accumulated a lot of economic regulation of experience, market regulation in recent years is gradually strengthened in the future must also adapt to the new situation, and further improve economic regulation and market supervision ways, and transform government economic management functions to the main market players and creating a good environment for the development up. At the same time, pay more attention to social management and public services, putting more efforts on the development of social undertakings and to resolve the issue of people's lives. To continue to promote the transformation of government functions and speed up separating the management of the affairs the government must manage, the government should not be things to resolutely to enterprises, social organizations and intermediary agencies, greater play to market forces in allocating resources to the basic role. At the same time, to a reasonable division of the central and local economic and social affairs responsibilities and rights, and gradually straighten out the central and local in taxation, investment, market supervision and social management and public service areas such as the division of labor and responsibilities. "[19]
The good news is, the state first in the social management of rural compulsory education has begun a clear division of responsibilities of central and local authority, working relationship between the social management of innovation central to .2005 December 24 the State Council issued the National Development (2005) 43 <<State Council on deepening the reform of the mechanism to ensure funding for rural compulsory notification>> clearly, according to the "clear responsibilities at all levels, central and local sharing, increase financial input to improve the security level, organized and implemented step by step," the basic the principle of compulsory education in rural areas gradually into the scope of protection of public finances, the establishment of central and local sub-project, a proportional share mechanism to ensure funding for rural compulsory education, also specifies the exemption of all tuition and fees for rural students receiving compulsory education, free tuition and fees of funds by the proportional share of the central and local, the western region 8:2, 6:4 central region, except the eastern region and municipalities, the provincial financial situation in accordance with identified students from poor families to provide free textbooks and subsidized boarding students for living expenses, provide free textbooks funds, the full commitment by the central Midwest, the eastern region by the local bear, boarders living subsidy borne by local funds, grants objects, standards and methods established by the local people's government, exempt from tuition and fees at the same time, implementation and timely advancement of rural public funds for compulsory education in the basic standards of primary and secondary schools, is financed by central and local share of funds in accordance with the proportion of tuition-free shared responsibility, the establishment of compulsory education in rural areas long-term mechanism repair and renovation of school buildings, school buildings need repair and renovation funds, in west central and local Anzhao shared 5:5 Bili, mainly by local commitment to the eastern region, Zhongyangshidang support given to incentive reform content. [20] June 29, 2006 NPC Standing Committee amended the <<compulsory Law "> will this innovation in the form of consolidation of the law down, the law clearly provides for" compulsory education, do not charge tuition, fees. countries to establish mechanisms to ensure funding for compulsory education, ensure the implementation of compulsory education system "(Article 2 "Compulsory Education to implement the State Council and local people's governments at all levels share the burden of responsibility, provinces, autonomous regions and municipalities responsible for coordinating the implementation of the system. rural compulsory education requirements, people's governments at various levels of sub-item under the provisions of the State Council , proportional share. The people's governments at all levels of school-age children from poor families, provide free textbooks and subsidies young boarders living expenses. Compulsory Education Fund of the specific measures by the State Council "(Article 44 and so on.

Of course, the new <<Compulsory Education Law "> to ensure funding for rural compulsory education in the fields of social management by central government and local authority provision was not enough detail, then the State has no basis <<Compulsory Education Law"> the provisions of the development nature of the specific measures and administrative regulations, or that notice in 2005, the rule of law degree is still high. Moreover, in 2007, even for perfect mechanism to ensure funding for rural compulsory education, is no longer a State Department issued a document, but by the Ministry of Finance, The Ministry of Education jointly issued a notice. [21] Leaving aside, the central government and local community management of the relationship between innovation has just begun, but limited to the small to ensure funding for rural compulsory education, there is no compulsory and extended to the whole field of education [22] . other areas of social management, such as employment, social security, food security, housing, safety, Environmental Protection, health, sports, civil, family planning, urban and rural construction, the central and local authority responsibilities in these areas are also found division was not clear enough, the problem is not specific enough, are central to the relationship between the need for innovation. Clearly, the social management of innovation central to relations between central and local social management of responsibilities and the rule of law long way to go.


Third, central to the relationship between social management of innovation should be noted that the role of full constitutional protection

As mentioned earlier, the current management of the central place of social relations need to innovate, and innovation and the focus should be the central and local powers and responsibilities of social management by the rule of law. It should be noted that, in the way by the rule of law, a reasonable division of the central and local duties and powers of social management, and promote social management relations central to the process of innovation, we can not ignore the guidance and protection of the Constitution, but should give full play to the role of constitutional protection.

(I should give full play to the Constitution in the social relations between the central management of the legislative guide innovation
Central to the relationship between social management innovation, and promote the central and local powers and responsibilities of social management by the rule of law, first of all need for legislation. Making powers and responsibilities of central and local public administration's legislative division, we should not ignore the guidance of the Constitution, and this because the Constitution is the fundamental law, "all laws, administrative regulations and local regulations shall contravene the Constitution" (Constitution Article 5, paragraph 3, the Constitution is the ordinary law of the legislative basis and foundation. Moreover, the central and by local administrative rights legislation, the principles of the Constitution has clear requirements (despite the constitutional provisions of the State and local governments in terms of both time did not make a clear division of authority. our Constitution Article 3, paragraph 4 clearly states: "The central authority and the local division of national institutions to follow under the unified leadership of the Central, give full play to local initiative and enthusiasm of the principle. "
According to constitutional requirements, the legislative division of the central and local government powers and responsibilities of the social management of at least two points to note:
First, we must implement to ensure that the unified leadership of the central authorities and the central authority of the spirit of the Constitution. To ensure and strengthen the central authority is the central challenge to resolve the current problems in some places the reality of needs, but also an objective need to maintain national unity. "We recognize that a weak Government can not guarantee order and the rule of law, and too much emphasis on decentralization in the country prone to splitting. "[23] Moreover, strengthening the central authority is the need for protection of basic civil rights. In this regard, Chinese and foreign scholars have a very good discussion:" a constitution can not organize an effective, public support, to taxation and government expenditure, it must protect the rights can not in practice. "[24]" There are a lot of experience and Research have shown that a weak government is not only impossible for the community providing necessary public goods, such as national defense and security, social welfare, or even to protect people's basic rights, people will have to rely more on local forces in the patriarchal family, or local groups (small community. In other words, on the whole, there is no Good strong national government, citizens can not enjoy rights as citizens. "[25] Therefore, our social management during the terms of the central and local legislation must be followed by the Constitution explicitly provides that" the unity of the central leadership " constitutional principles.

So, strengthening the central authority, is not recommended, as some scholars now put to the local recovery of the majority of power? I think that we can not simply "powers", or is likely to repeat the "unified to die, a place to chaos, a chaos to close "cycle. Moreover, if the" obvious commitment by the central functions such as unemployment insurance, social insurance and social security by local governments. directly depends on the degree of local autonomy and fiscal capacity of local governments, have more freedom to develop rich region of space, but poverty-stricken areas can only follow the leadership of CD higher levels of government. "[26] Therefore, we should from the system, institutional thinking and solve problems, suggest drawing useful experience of federalism through the rule of law pathway between the central and local vertical clear separation of powers, a clear division of the central and local governments in terms of social management, including the establishment of the Central Government in a number of major issues (such as Environmental Protection and production safety on the exclusive jurisdiction specifically to deal with the matter by the central agencies directly under the direct management by the central and local government can not intervene in order to truly ensure that the central authority.

Second, we must give full play to the local carry out the initiative and enthusiasm of the spirit of the Constitution. Ensure that the central authority and the unified leadership of the central, but not all go straight from the central and local governments without any autonomy. During the social management of the legislation , should provide a number of self-management by the local government matters, even in the central and local governments on matters of co-management should also provide a certain autonomy in local government. recommendations "and encounter" that is, in terms of vertical separation of powers Central is only responsible for a major, global management, and local, independent global issues management should be let go by the place, to self-government, give full play to local autonomy, initiative and creativity.

Third, the most appropriate in accordance with the principle function of a clear division of authority between central places. The so-called "feature the most appropriate" principle was first used to interpret and apply the principle of separation of powers. Namely "functional separation of powers", which refers to the exercise of state power in the function and organization is divided according to the composition of the transaction on its own structure and decision-making process and other areas, conditions are those with the best standard for judging, whereby all government departments the power to function Discrete as a division of powers enjoyed under the standard, has its core functions, and these core functions should not be interference from other government departments, crossed and violated. its use of the functionalist interpretation that it is not from the authorities of view, some powers belong to a department that can not be exercised by other departments, but from the role of power in mind, the specific issues in each of the effects observed on the exercise of power. [27] the principle function is the most appropriate division of the central and local power The important principle. We should study in depth the issues that must be done by the Central, in addition, are referred to the local or central and local governments together to complete. in the central and local governments share the responsibility, in accordance with the principle function of the most appropriate, to determine which a body most appropriate to fulfill this duty.

In short, the adoption of legislation central to the social relationship between the management of innovation, be sure to abide by the Constitution Article 3, paragraph 4, on the "central and local state division of authority to follow under the unified leadership of the Central, give full play to local initiatives nature, the principle of active "requirement, clearly some major issues central to the exclusive jurisdiction and duties of local autonomy, change the current central and local relations between the social management in law is not clear, perfect conditions, the relationship between central and local governments to achieve the rule of law, both to ensure that the central authority, and maintenance of local rights and interests should really play a "central and local initiative" [28]. we can even consider establishing a special <"Central and Local Law ">. [29]
(B to give full play to the Constitution in the social relations between the central management review of the supervisory role of innovation
Without supervision, there is no real protection. The social management, particularly in the central and local management of the delineation of social legislation, both central to vigorously promote the relationship between social management innovation may also be unconstitutional, so central to the relationship between social management Innovation deviate from the correct direction. our Constitution, the NPC and its Committee to oversee the enforcement of the Constitution, the NPC and the right to alter or annul inappropriate decisions of the NPC Standing Committee, the NPC Standing Committee have the right to revoke the State Council that the Constitution, the law contrary to the administrative regulations, decisions and orders, revocation of provinces, autonomous regions and municipalities with the organs of state power in the Constitution, laws and administrative regulations and local laws and regulations in conflict resolution. This is our system of constitutional review. judicial review system is to monitor Central to the legislature between the social management of innovation whether the legislation violates the Constitution Article 3, paragraph 4, on the "central and local state division of authority to follow under the unified leadership of the Central, give full play to local initiative, the principle of active "effective protection required, we should make full use of.

To be sure, China's current system of judicial review there is no independent body, the program is imperfect, too narrow in scope and other defects, and "to monitor themselves," the defects, we should improve the existing system of judicial review. However, it is imperative, especially NPC, the NPC Standing start as soon as the current system of judicial review, will be true of the constitutional review started. in the country to actively promote the process of social management of innovation, the NPC Standing Committee, and should at least keep an eye examination and supervision of the State Council formulated the administration of social management NPC and its Standing Committee regulations and local established by the local social administration about whether the statute Tong Constitution and contrary to law, unconstitutional will be correct, �� protect the relationship between social management Yangde innovation and the whole social management of innovation and not contrary to the provisions of the Constitution The spirit does not deviate from the correct direction of reform.

(C should give full play to the Constitution in the social relations between the central management of innovation in the interpretation of the role of law enforcement
Another important constitutional value and role of the special - it is construed in accordance with applicable law. In the social management of innovation (including the relationship between central to innovation in the social management of the constitutional provisions (including provisions as well as central to the relationship between citizens fundamental rights and provides for the principle of national institutions for the executive and the judiciary in carrying out social management innovation (including the social management of the relationship between the Central to the implementation of innovative activities of laws on social management (including of course the relationship between social management innovation central to the law explanation of the basis. This is often neglected in our country at present. the legal basis for the development of the Constitution, at least when considered in the legislation can not contravene the Constitution, but we enforce the law in the understanding, interpretation and application of the law has often forgotten the Constitution, do not consider our understanding and interpretation of the law whether the basic spirit of the Constitution, is inconsistent with the Constitution, it is clearly inappropriate, which is sure to attract our attention and correction.

Interpretation of the law is the law applicable to the premise and basic aspects. As one scholar put it: "When in the application of the law, usually to explain. The so-called interpretation, is to clarify the meaning of the law as applicable to the specific event of a step. Legal why need to explain? there are only two main reasons: (1 because of the provisions of the law is abstract, although the law society for the purpose of real life, but when a specific event occurs, the event and what exactly the law fairly, but should be its application is not of course are obvious, the applicable law of the organs first to explore the Meaning of law, principles of analysis of various legal relationship with each other in order to understand the scope of its application, and then to make a correct judgments. Based on this significance , the interpretation of the law is the applicable law is a logical process of reasoning, judicial or law enforcement authorities like the abstract to determine whether a law should be applied to an event, not after this process is not natural. (2 because of the general principles of law , the content often is fixed in the statute, it must rely on a formal instrument for the performance, for the sake of understand Yi Xiao, the language used, but also try to be brief, it is difficult to include all kinds of complexities Gai exhaustive, but the fact of social life, is happening, no way to foresee, trying to use a fixed rule, and limited French, to adapt to the fact that the infinite variations, of course, inevitably linked to leakage million, we apply the law or of law, can only make good use of reasoning methods in order to clarify the law meaning, so in terms of practice and doctrinal interpretation have an important position. "[30] Clearly, law enforcement (including the judiciary in the implementation and application of the law, can not do without interpretation. In recent years, China's Supreme People's Court began Recognizing the importance of the courts interpret the law, clearly states: "In case the referee explained the legal standards applicable to the people's court is an important part of the law." [31] to a large extent, we can say that law enforcement agencies (including judicial applicable law, the process is the process of interpreting the law. [32]
Since law enforcement in the application of the law must be interpreted in law, then law enforcement should be how to interpret the law? Law experts generally believed that the legal interpretation of the six main methods: literal interpretation, systematic interpretation, France, Italy, interpretation (interpretation of history, more explanation, teleological interpretation, constitutional interpretation, in addition to emphasis on the social effects of the prediction and sociological considerations of social purpose explanation. [33] Among them, "constitutional interpretation" (also known as "constitutional interpretation", the author calls "According to the Constitution explains," [34], is the basic method of legal interpretation, is explained by the constitution to lower the legal norms of rank a legal interpretation. [35] Since the applicable law must first interpret the law, and according to the Constitution�����ǽ��ͷ��ɵĻ�������,��ôִ���������÷���ʱ�Է��ɽ������ܽ���,�ͳ�Ϊ���÷��ɵ�Ӧ��֮��.ͬʱ,ִ����(����˾���������÷�����Ӧ���ܷ�˼ά,������չ���ܽ���,�����ܷ������ͺ����÷���,��Ҳ���ҹ��ܷ�����ȷҪ��.�ҹ������ܷ���ȷ�涨,�ܷ���"�ǹ��ҵĸ�����,������߷���Ч��"(���ԡ�"һ�й��һ��غ���װ�������������͸�������塢����ҵ��ҵ��֯�����������ܷ��ͷ���"(��5����4��,"���������ܷ�Ϊ�����Ļ׼��,���Ҹ���ά���ܷ����ϡ���֤�ܷ�ʵʩ��ְ��"(����.��Ȼ,��Ϊ���һ��ص��������غ�˾�����������÷���ʱҲ�������ܷ�Ϊ�����Ļ׼��,��Ӧ�������ܽ���,�����ܷ��Ļ�����������⡢���ͺ����÷���.�����������غ�˾�����ر������е��ܷ�����.

��֮,ִ������ִ�к�������ͨ�����ϵ��йع涨ʱ���������ܷ��ϵ���ع涨�����ͽ���.�Զ��׼�,���ƽ���������ع�ϵ�Ĵ�����,���������ڿ�չ����������Լ�˾�������������йذ�����ִ�к������й�������ķ��ɹ涨ʱ,���������ܷ��ϵ��йع涨���侫������⡢����,��չ���ܽ���,����Ҫ�����Լ��������÷��ɵ����ͽ����Ƿ����ܷ���ִ�,�Ա�֤��������ع�ϵ�Ĵ��¼�������������Ĵ��·����ܷ�����. ת���� ��������������� http://www.hi138.com ע��:
[1] �μ���Ԫ��:<<�������������̽��>>,��<<�й���ᱣ��>>2007���9��.


[2] 2004��2��21��,����Ժ�����¼ұ���ʡ������Ҫ�쵼�ɲ�"��������ʵ��ѧ��չ��"ר���о����ҵʽ�ϵĽ���ʱָ��:"����������г�����������,��������Ҫְ���Ǿ��õ��ڡ��г���ܡ�������͹��������ĸ�����.""������.����ͨ���ƶ�������ߺͷ���,��������͹淶�����֯���������,�������ì��,�����������,ά����ṫ����������������ȶ�.��ǿ����ΰ��ۺ�����,��������Ⱥ�������Ʋ���ȫ.������������̬����.��ǿ������,����ӿ콨����ȫ����ͻ���¼�Ӧ������,�������Ӧ�Թ���Σ��������."�μ��¼ұ�:<<�����ʶ ͳһ˼�� �ι�������������ʵ��ѧ��չ�ۡ�����ʡ������Ҫ�쵼�ɲ�"��������ʵ��ѧ��չ��"ר���о����ҵʽ�ϵĽ��� >>,��<<����Ժ����>>2004���12�� .


[3] �μ��ƾ�:<<�г����������µ���Ὠ��͹���>>,��<<ǰ��>>2005���10��.


[4] �¸���:<<ת������ְ�� �ƽ���������¡������׽츣������������߲���̳�ϵ��´�>>,��<<��������ѧԺ�������ù���ɲ�ѧԺѧ��>>2005���3��.


[5] ������:<<�߾��й���ɫ�������ΰ������ Ϊ��ȡȫ�潨��С�������ʤ�����ܶ��������й���������ʮ�ߴ�ȫ���������ϵĽ���(2007��10��15��>>,���������2007���,��5ҳ.


[6] <<�����ձ�>>��������걨��:<<������:���谲ȫ���"�ϸ�����,��ʵ����ȥ">>,��<<�����ձ�>>2006��7��12�յ�10��.


[7] ۧ����:<<�ط������ֳ��������ϼ�ͨ����Ⱦ���ʵ������,����ִ��ؽ�봹ֱ����>>,��<<�����ձ�>>2007��9��21�յ�1��.


[8] �μ��¹�馡�����:<<�й�ũ�����>>,������ѧ������2004���,��125-130ҳ.


[9] ��ʯ��:<<"����"�������ע��˳����>>,ת����<<������ժ>>2007��4��23�յ�2��.


[10] ����:<<����"��������">>,��<<����>>2003���4��.


[11] �μ��¼ұ�����2010��3��5���ڵ�ʮһ��ȫ���������������λ�����������<<������������>>.


[12] ���:<<��ת������ְ��Ϊ����,������������Ƹĸ�>>,��<<��������ѧԺѧ��>>2008���5��.


[13] �ս�Ⱥ:<<Ȩ���컯�µ�"�������">>,��<<������̳>>2006���20��.


[14] �Ϲ�ا��:<<��������ط���ϵ���λ���ʵ������������>>,��<<��������ѧԺѧ��>>2007���5��.


[15] �μ�<<�й�������>>2000��10��27�յ���ر���,ת����������:<<�й�����������>>,��<<ս�������>>2002���6��,��58ҳ.


[16] ����:<<�����������Ҫ�������Ͷ������>>,��<<����ձ�>>2005��9��12�յ�5��.


[17] ת����������:<<Ŀǰ�й�ũ��Ľ���Σ��>>,��<<ս�������>>2004���4��.


[18] �μ�������:<<�й�����������>>,��<<ս�������>>2002���6��.


[19] �¼ұ�:<<�����ʶ ͳһ˼�� �ι�������������ʵ��ѧ��չ�ۡ�����ʡ������Ҫ�쵼�ɲ�"��������ʵ��ѧ��չ��"ר���о����ҵʽ�ϵĽ��� >>,��<<����Ժ����>>2004���12��.


[20] ���<<����Ժ�����ũ������������ѱ��ϻ��Ƹĸ��֪ͨ>>,��<<����Ժ����>>2006���5��.


[21] ���2007��11��26��<<�����������������ڵ�������ũ������������ѱ��ϻ��Ƹĸ��й����ߵ�֪ͨ>>(�ƽ�[2007]337��.


[22] ֵ�ù�ע����,2010��7��29���й����롢����Ժӡ����<<�����г��ڽ����ĸ�ͷ�չ�滮��Ҫ(2010��2020��>>�ڵ�15��"�������Ƹĸ�"����ȷ�涨:"��ȫͳ��������Ȩ����ȷ�Ľ�����������.��ת������ְ�ܺͼ�����ȨΪ�ص�,������������Ƹĸ�,��߹�����������ˮƽ.��ȷ������������,�淶ѧУ��ѧ��Ϊ,�ٽ��ܰ�������,�γ����·ֿ���Ȩ����ȷ��ͳ��Э�����淶����Ľ�����������.��������ͳһ�쵼�͹�����ҽ�����ҵ,�ƶ���չ�滮���������ߺͻ�����׼,�Ż�ѧ��רҵ�����͡���νṹ�����򲼾�.���岿������ĸ�����,ͳ������Э����չ.�ط�����������ʵ���ҷ�������,��չ�����ĸ�����,����ְ��ֹ����������ڽ����ĸ��չ���ȶ�."

[23] [��ʿ]F.Ī�������˹��������:<<��չ�й���֧�ֵط���Ȩ�Ľ�ѵ>>,��[��ʿ]J.�������:<<�ط���Ȩ�����Ƚϵ��ӽ�>>,Ф�޻ԡ�Ԭ������,�й�����������2009���,��70ҳ.


[24] [��]ʷ�ٷҡ����ķ˹����:<<Ȩ���ijɱ�����Ϊʲô����������˰>>,�Ͼ�����,������ѧ������2004���,��37ҳ.


[25] ������:<<��·ͨ�����:ת���й��ķ���>>,���ɳ�����2004���,��73-74ҳ.


[26] [��] ɳ���ġ�ɳ����:<<�ط��������ӽǺ͵ط�������ɫת��>>,����ƽ��,��<<������������>>2009���3��,��101ҳ.


[27] �μ���Ӧƽ:<<׷������Ȩ���������Ż�����ʮ��>>,��<<����������ѧѧ��>>2008���5��.


[28] ë��:<<��ʮ���ϵ>>,��<<ë������ѡ��>>(�²�,���������1986���,��729ҳ.


[29] �Ϲ�ا��:<<������ط���ϵ�ķ��λ�ֵ���ڴ�>>,��<<�˴��о�>>2008���2��.


[30] ��������:<<��ѧ����>>,�й�������ѧ������2002���,��93ҳ.


[31] �μ�2004��5��18���������Ժӡ����<<�������������������÷��ɹ淶�������̸���Ҫ>>,��<<�������Ժ����>>2004���6��.


[32] �Ϲ�ا��:<<�����й��ܷ�˾������·���뷽��>>,��<<�ִ���ѧ>>2008���2��.


[33] �μ���������:<<��ѧ������>>,�й�������ѧ������1999���,��132ҳ.


[34] ���������ѧ�߰�Υ������е��������û��ȷ�������϶�����Υ����Ӧ�������ƶ��÷��ɺ��ܵ�"�����ƶ�"(��"�������ƶ�"ԭ��,Ҳ��֮Ϊ"���ܽ���"(��"�����Խ���".Ϊ��������������,�������Ž����ɽ����е�"���ܽ���"(��"�����Խ���"��һ���ͷ�����Ϊ"���ܽ���",�Ը�׼ȷ�ر���京��.


[35] ��������:<<�񷨽���ѧ>>,�й�������ѧ1995���,��230-231ҳ. ת���� ��������������� http://www.hi138.com