意大利宪法法院制度研究
发布时间：2018-07-15 20:24
【摘要】： 宪法是国家的根本大法,是人民权利的保障书。随着立宪主义的兴起,世界各国基本都制定了宪法文本,但是,各国宪法的实施情况却大相径庭。宪法效力的发挥除了依赖人们的自觉遵守以外,更重要的是建立完备的宪法保障机制。意大利正是通过宪法法院制度推进了宪法所确立的民主、法治、人权等核心价值的实现。意大利宪法法院在五十多年的运作中,表现出了勃勃生机,对意大利的宪政建设做出了不可磨灭的贡献。 本文从宪法法院形成的历史背景、宪法法院的制度内容以及实践价值等三个方面对意大利宪法法院制度进行研究。首先,从历史角度分析了意大利宪法法院的确立与发展的历程;其次,从制度角度分析了意大利宪法法院的性质、组织、管辖权范围以及审理制度和决定的种类;最后,从实践角度总结了意大利宪法法院在意大利宪政建设中做出的贡献。 第一章阐释了宪法法院制度产生和发展的历程。意大利宪法法院制度是在结束了法西斯长达二十年专制统治的历史背景下建立的,并且吸收了原有的“形式性违宪审查”(Il controllo di procedura di costituzionalità)的部分内容。宪法法院从确立至今主要经历了三个发展阶段。 第二章分析了宪法法院的性质,对宪法法院的组织体系进行了评述。意大利突破了传统的三权分立体制,建立了独立于立法机关、司法机关、行政机关之外的第四种国家权力机关——宪法法院。它实质是宪法的保障机关和审判机关。宪法法院与其他国家机构之间既相互制约又相互协作。意大利宪法法院实行的是以法官为中心的组织模式。通过复杂的法官选举程序和严格的法官选择条件,使得宪法法院的法官有能力承担宪法价值判断的重任。宪法法院的院长同样扮演着重要的角色,他对外代表宪法法院,对内组织和管理法院的工作。 第三章述评了宪法法院的管辖权范围。宪法法院的管辖权包括对法律、法规的违宪审查权;对国家权力机构之间、国家和地方以及地方与地方之间权限冲突的审判权;对共和国总统犯叛国罪和危害宪法罪的刑事审判权;对是否举行全民公投的决定权。 第四章阐释了宪法法院的审理制度以及决定的种类。意大利宪法法院主要的审理制度包括:案件报告人制度、公开听证制度、秘密审议制度和主动调查取证制度。法院的决定分为裁定和判决两种,前者是程序性质的决定,后者是实质性质的决定。其中判决分为违宪判决、驳回判决、解释性判决和调整性判决四种。每种决定都发挥着各自的功效。 第五章从实践角度总结了宪法法院对意大利宪政建设所做的贡献。宪法法院促进了国家法治目标的实现,有效的保障了公民的基本权利。
[Abstract]:Constitution is the fundamental law of the country and the guarantee of the people's rights. With the rise of constitutionalism, countries in the world have basically formulated constitutional texts, but the implementation of constitutions varies greatly. In addition to relying on people's conscious compliance, it is more important to establish a complete constitutional guarantee mechanism. It is through the constitutional court system that Italy promotes the realization of the core values of democracy, rule of law and human rights established by the Constitution. The Italian Constitutional Court has made an indelible contribution to the constitutional construction of Italy during its operation for more than 50 years. This paper studies the Italian Constitutional Court system from three aspects: the historical background of the formation of the Constitutional Court, the content of the Constitutional Court system and the practical value. First, it analyzes the history of the establishment and development of the Italian Constitutional Court; secondly, it analyzes the nature, organization, jurisdiction and the types of trial system and decision of the Italian Constitutional Court from the perspective of the system. From the angle of practice, the contribution of Italian Constitutional Court in the construction of Italian constitutionalism is summarized. The first chapter explains the process of the emergence and development of the Constitutional Court system. The Italian Constitutional Court system was established under the historical background of the end of fascist autocracy for 20 years, and absorbed part of the original "Il controllo di procedura di costituzionalit 脿". Since its establishment, the Constitutional Court has mainly experienced three stages of development. The second chapter analyzes the nature of the Constitutional Court and comments on the organization system of the Constitutional Court. Italy broke through the traditional system of separation of powers and established the fourth kind of state authority, the Constitutional Court, which is independent of the legislature, the judiciary and the executive. In essence, it is the safeguard organ of the constitution and the judicial organ. The Constitutional Court and other State institutions both restrict and cooperate with each other. The Italian Constitutional Court has adopted an organizational model centered on judges. Through the complicated procedure of selecting judges and the strict conditions of judge selection, the judges of the Constitutional Court have the ability to take on the important task of judging the constitutional value. The President of the Constitutional Court also plays an important role, representing the Court and organising and administering its work internally. The third chapter reviews the jurisdiction of the Constitutional Court. The jurisdiction of the Constitutional Court includes the power to review unconstitutionality of laws and regulations, the jurisdiction over conflicts of authority between state authorities, between the state and the local authorities, and between local and local authorities; Criminal jurisdiction over the President of the Republic for treason and crimes against the Constitution; decision on the holding of a referendum. Chapter four explains the trial system and the types of decisions of the Constitutional Court. The main hearing systems of the Italian Constitutional Court include: case reportage system, public hearing system, secret deliberation system and active investigation and evidence collection system. The court's decision can be divided into two types: the former is a procedural decision and the latter is a substantive decision. The judgment is divided into four kinds: unconstitutional judgment, rejection judgment, interpretive judgment and adjusting judgment. Each decision has its own effect. The fifth chapter summarizes the contribution of the Constitutional Court to the construction of Italy's constitutionalism from the point of view of practice. The Constitutional Court promotes the realization of the goal of national rule of law and effectively protects the basic rights of citizens.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D954.6;DD911
本文编号：2125280
[Abstract]:Constitution is the fundamental law of the country and the guarantee of the people's rights. With the rise of constitutionalism, countries in the world have basically formulated constitutional texts, but the implementation of constitutions varies greatly. In addition to relying on people's conscious compliance, it is more important to establish a complete constitutional guarantee mechanism. It is through the constitutional court system that Italy promotes the realization of the core values of democracy, rule of law and human rights established by the Constitution. The Italian Constitutional Court has made an indelible contribution to the constitutional construction of Italy during its operation for more than 50 years. This paper studies the Italian Constitutional Court system from three aspects: the historical background of the formation of the Constitutional Court, the content of the Constitutional Court system and the practical value. First, it analyzes the history of the establishment and development of the Italian Constitutional Court; secondly, it analyzes the nature, organization, jurisdiction and the types of trial system and decision of the Italian Constitutional Court from the perspective of the system. From the angle of practice, the contribution of Italian Constitutional Court in the construction of Italian constitutionalism is summarized. The first chapter explains the process of the emergence and development of the Constitutional Court system. The Italian Constitutional Court system was established under the historical background of the end of fascist autocracy for 20 years, and absorbed part of the original "Il controllo di procedura di costituzionalit 脿". Since its establishment, the Constitutional Court has mainly experienced three stages of development. The second chapter analyzes the nature of the Constitutional Court and comments on the organization system of the Constitutional Court. Italy broke through the traditional system of separation of powers and established the fourth kind of state authority, the Constitutional Court, which is independent of the legislature, the judiciary and the executive. In essence, it is the safeguard organ of the constitution and the judicial organ. The Constitutional Court and other State institutions both restrict and cooperate with each other. The Italian Constitutional Court has adopted an organizational model centered on judges. Through the complicated procedure of selecting judges and the strict conditions of judge selection, the judges of the Constitutional Court have the ability to take on the important task of judging the constitutional value. The President of the Constitutional Court also plays an important role, representing the Court and organising and administering its work internally. The third chapter reviews the jurisdiction of the Constitutional Court. The jurisdiction of the Constitutional Court includes the power to review unconstitutionality of laws and regulations, the jurisdiction over conflicts of authority between state authorities, between the state and the local authorities, and between local and local authorities; Criminal jurisdiction over the President of the Republic for treason and crimes against the Constitution; decision on the holding of a referendum. Chapter four explains the trial system and the types of decisions of the Constitutional Court. The main hearing systems of the Italian Constitutional Court include: case reportage system, public hearing system, secret deliberation system and active investigation and evidence collection system. The court's decision can be divided into two types: the former is a procedural decision and the latter is a substantive decision. The judgment is divided into four kinds: unconstitutional judgment, rejection judgment, interpretive judgment and adjusting judgment. Each decision has its own effect. The fifth chapter summarizes the contribution of the Constitutional Court to the construction of Italy's constitutionalism from the point of view of practice. The Constitutional Court promotes the realization of the goal of national rule of law and effectively protects the basic rights of citizens.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D954.6;DD911
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