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On Judicial Review System

Posted on:2004-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:X B GongFull Text:PDF
GTID:2156360122970164Subject:Law
Abstract/Summary:PDF Full Text Request
"Administer the country according to law, build up the socialist legal system", it is written into constitution. The core of administer a country according to law is to administer a country in accordance with the constitution and handle affairs in accordance with the law at first should be in accordance with the constitution. It hasn't the clear-cut enactment in China Constitution, only stipulates supervise system that constitution implemented just. The review of constitutionality is a link of ensuring the implement the system of constitution on broad sense. At present, neither have we set up specialized agencies that concrete to responsible for acceptance and hearing the review of constitutionality, nor make concreted special procedure the review of constitutionality, and nor design for a series of theory and principle that examined in the review of constitutionality. Sun Zhigang case causes concern and discuss of the review of constitutionality among all circles again. The organ of the review of constitutionality in the counties all over the world can divide into 3 classifications: First, examine the review of constitutionality under the care of representative agency. Britain is a representative; second, the review of constitutionality is examined under the care of regular court. It was U.S.A. that initiated this kind of system. Third, the review of constitutionality is examined under the care of special agencies. France and Germany is a model of enforcing this kind of system. Only under these two kinds of modes with regular courts and special agencies, can we examine the review of constitutionality through the process of justice and quasi-judicial. The development of review of constitutionality of our country necessary to absorb and draw lesson experience of benefiting from other country, and advance its systematization unswervingly. It is the only way thatmaintains the authority of constitution. In order to change current situation that the supreme effect of constitution have no way implemented, must set up and perfect the corresponding judicial review system; As to perfect the review of constitutionality of our country, key lie in reform the current violation of the constitution of our country and set up constitutional court as the special agency of review of constitutionality and form the system of constitutional litigation of our country. It has important significance that set up special agency of review of constitutionality to establishing the constitution authority and ensuring the democratic rights, and safeguarding politics and the stability of society.
Keywords/Search Tags:Review of Constitutionality, Judicial Review System, Constitutional Court
PDF Full Text Request
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