MO Jihong: Research on Establishing the Institutional Mechanisms for the System of Reporting on Constitutional Implementation


 
Abstract:This study conducts a multi-dimensional analysis and provides a systematic theoretical construction of the system for reporting on constitutional implementation, as mandated by the Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Advancing Chinese Modernization. It not only examines the basic connotation and constitutional basis of the system, but also offers a detailed analysis of its key elements, including the reporting entities, content, procedures, and supervision and evaluation mechanisms, further clarifies the respective responsibilities and reporting content for the different entities involved, and puts forward a more comprehensive institutional framework. Based on the provisions of China’s Constitution regarding the powers and responsibilities of relevant state organs, this study specifies the items that the State Council, the National Supervisory Commission, the Supreme People’s Court, the Supreme People’s Procuratorate, as well as local organs of state power, administrative organs, supervisory organs, judicial organs, and procuratorial organs should cover when reporting on constitutional implementation. In addition, this study also closely links the system for reporting on constitutional implementation with the constitutional review system, and expounds on the important role and pivotal position of the former in advancing constitutional review and ensuring the implementation of the Constitution. This study thus provides new insights into and perspectives for further improving China’s constitutional supervision system.
Keywords: system for reporting on constitutional implementation; supervision of constitutional implementation; constitutional review
 
Author:Mo Jihong, a member of CASS, director of CASS Institute of Law, and vice chairman of China Law Society;
Source: 5 (2025) Modern Law Science.