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释宪机制作为宪法解释的制度装置,深受国家政治制度、法律传统和思想文化的影响。释宪权由哪一机关掌握、释宪者人选以及释宪权行使的范围、程序,都在一定程度上受到国家政治制度的影响。但政治制度对释宪机制的影响最终通过法的方式予以表现和固定,释宪机制作为法律制度的组成部分,根植于国家的法律传统中。同时,释宪机制深深地镶嵌在一定的文化之中,无法摆脱国家文化传统的侵扰,有其深刻的思想文化渊源。上述因素在对中国的全国人大常委会释宪机的构建产生正面影响的同时,也对其正常运行产生了负面影响。以提高宪法实施效果为宗旨的释宪机制,需要平衡其政治合法性功能和现实有效性价值,为此,中国释宪机制纠偏的重点是补强有效性价值。
The constitutional release mechanism, as a system installation of constitutional interpretation, is deeply influenced by the national political system, legal tradition and ideology and culture. To which organ the constitutional power is to be released, the candidates for the constitutional release and the scope and procedures for the exercise of the constitutional power are to a certain extent affected by the political system of the country. However, the influence of the political system on the constitutional interpretation mechanism is ultimately manifested and fixed through the method of law. The constitutional release mechanism, as an integral part of the legal system, is rooted in the legal tradition of the country. At the same time, the constitutional release mechanism is deeply embedded in a certain culture, unable to escape the intrusion of the national cultural tradition and has its profound ideological and cultural origins. The above factors have a positive impact on the construction of China’s NPC release mechanism and meanwhile have a negative impact on its normal operation. In order to improve constitutional implementation effect for the purpose of the constitutional release mechanism, we need to balance the function of political legitimacy and the effectiveness of the actual value, therefore, the focus of correction of China’s constitutional amendment mechanism is to reinforce the effectiveness of value.