Discussion About Some Issues On The Chinese System Of Constitutional Review

If we are to implement the strategy of administering the country by law, the essential task is to administer the country according to the Constitution. The System of Constitutional Review is one of the rudimentary polices of the strategy of administering the country according to the Constitution. The trend of the world as well as the practice of our Constitution requires immediate consummating and starting-up the system. Based on the previous researches, this paper first makes an attempt to define the system. Then, reviewing from our first constitutional document Outline Of Constitution by Imperial Order, it conducts a systematic inspection to the system, trying to locate the trace of its development, find out its existing problems in subject, content and procedure of the review, and further analyze the reason of these problems from the aspect of politics, economy, and culture. Next, from the angle of comparative study, it investigates the realistic system and theoretical foundation of two typical systems of constitutional review: the judicial system of constitutional review represented by America, and the special organ's constitutional review represented by Germany. Finally, after a comprehensive analysis about theories of people's sovereignty and unification of legislation and administration, using foreign experience for reference, the paper suggests that the right to review constitutional events should be carried out by a special organ, and it also probes into nature, status and review object of the special organ.