On Perfection Of Constitutional Review System In Our Country

The core problem of constitution enforcement and realizing constitutional government is constitutional reviewing system. The constitutional reviewing system is a system safeguard which has most compelling force to constitution enforcement. To improve and implement the constitutional review system has particular effect and function on safeguarding constitution enforcement. In view of our country's current actual situation, the constitutional review system plays a very important role in constitution enforcement, carrying out constitution principles, advocating constitutional spirit, promoting realizing constitutional government, constructing harmonious society and also in promoting the process of rule of law. But there is defect and deficiency with constitutional review system, hindering the process of unification of rule of law and construction of social democracy and rule of law in socialism. As construction of rule of law in China entering a new developing phase, in order to implement the basic strategy of rule of law, to fasten constructing rule of law in socialism, it is very important and urgent to reform and perfect constitutional review system in China. Aiming at on perfection of constitutional review system in our country, the thesis introduces the background, significance and current researching status of the selected topic in the exordium,and the origin, establishment and development of constitutional review system both in China and abroad is generally demonstrated. In the main text, the meaning and characteristic of constitutional review system is firstly discussed, the present operation situation of constitutional review system in China is especially reviewed and analyzed. On this basis, the viewpoint of constructing constitutional review system with Chinese characteristics and its specific pattern, namely, the constitution court reviewing system, is put forward distinctly, including the basic principles of basing on national conditions and carrying out principle of constitutionalism, the characteristics, advantages and disadvantages of the law making organization's reviewing mode, the constitutional reviewing mode and specialized organization's reviewing mode based on the analyses of the nationality of jurisprudence and the compatibility of national conditions. In view of present national conditions of China, the needs of social development and useful practices abroad, the thesis points out that constitution court review system is an optimal-selection mode of review system in China, and makes out the concrete institution plans for it. In the end, the necessary measures of carrying out this mode are expatiated.