意大利憲法法院制度研究
發(fā)布時間：2018-07-15 20:24
【摘要】： 憲法是國家的根本大法,是人民權利的保障書。隨著立憲主義的興起,世界各國基本都制定了憲法文本,但是,各國憲法的實施情況卻大相徑庭。憲法效力的發(fā)揮除了依賴人們的自覺遵守以外,更重要的是建立完備的憲法保障機制。意大利正是通過憲法法院制度推進了憲法所確立的民主、法治、人權等核心價值的實現。意大利憲法法院在五十多年的運作中,表現出了勃勃生機,對意大利的憲政建設做出了不可磨滅的貢獻。 本文從憲法法院形成的歷史背景、憲法法院的制度內容以及實踐價值等三個方面對意大利憲法法院制度進行研究。首先,從歷史角度分析了意大利憲法法院的確立與發(fā)展的歷程;其次,從制度角度分析了意大利憲法法院的性質、組織、管轄權范圍以及審理制度和決定的種類;最后,從實踐角度總結了意大利憲法法院在意大利憲政建設中做出的貢獻。 第一章闡釋了憲法法院制度產生和發(fā)展的歷程。意大利憲法法院制度是在結束了法西斯長達二十年專制統(tǒng)治的歷史背景下建立的,并且吸收了原有的“形式性違憲審查”(Il controllo di procedura di costituzionalità)的部分內容。憲法法院從確立至今主要經歷了三個發(fā)展階段。 第二章分析了憲法法院的性質,對憲法法院的組織體系進行了評述。意大利突破了傳統(tǒng)的三權分立體制,建立了獨立于立法機關、司法機關、行政機關之外的第四種國家權力機關——憲法法院。它實質是憲法的保障機關和審判機關。憲法法院與其他國家機構之間既相互制約又相互協(xié)作。意大利憲法法院實行的是以法官為中心的組織模式。通過復雜的法官選舉程序和嚴格的法官選擇條件,使得憲法法院的法官有能力承擔憲法價值判斷的重任。憲法法院的院長同樣扮演著重要的角色,他對外代表憲法法院,對內組織和管理法院的工作。 第三章述評了憲法法院的管轄權范圍。憲法法院的管轄權包括對法律、法規(guī)的違憲審查權;對國家權力機構之間、國家和地方以及地方與地方之間權限沖突的審判權;對共和國總統(tǒng)犯叛國罪和危害憲法罪的刑事審判權;對是否舉行全民公投的決定權。 第四章闡釋了憲法法院的審理制度以及決定的種類。意大利憲法法院主要的審理制度包括:案件報告人制度、公開聽證制度、秘密審議制度和主動調查取證制度。法院的決定分為裁定和判決兩種,前者是程序性質的決定,后者是實質性質的決定。其中判決分為違憲判決、駁回判決、解釋性判決和調整性判決四種。每種決定都發(fā)揮著各自的功效。 第五章從實踐角度總結了憲法法院對意大利憲政建設所做的貢獻。憲法法院促進了國家法治目標的實現,有效的保障了公民的基本權利。
[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.
【學位授予單位】：中國政法大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D954.6;DD911
本文編號：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.
【學位授予單位】：中國政法大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D954.6;DD911
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