Disscussion On Unconstitutional Review And The Promotion Of Its System

Constitution is fundamental law,which elaborately provides politics, economy,culture and other basic systems of a country,and determines the national economy and national system.Therefore,it is important to make the constitution effective.Although every provision in constitution is perfect,lack of effective enforcement of Constitution will make constitution to castle in the air.Unconstitutional review system is an effective system that ensures the enforcement of Constitution.However, many problems exist in the current unconstitutional censorship,which prevents the system from exerting its proper influence,and hinders the unification of socialist laws and the progress of the construction of legal system as well.Unconstitutional review is an independent conception,which is different from the conceptions of judicial review,constitutional litigation and review of constitution.The main contents of the system of unconstitutional review,which conclude the institution of unconstitutional review,the scope of unconstitutional review,the ways of unconstitutional review and the publish measures of unconstitutional review,the basis of theory were expounded,which conclude nature law theory,government possess restrict rights,separate rights,the sovereignty in people and the rule of law. In china,unconstitutional review system did not exert its functions Through comparing the abroad pattern of unconstitutional review all the world,the disadvantages of Chinese pattern of unconstitutional review were pointed out.Then on the basis of analyze and comparation,a proper pattem of unconstitutional review,To combine constitutional board of supervisors with constitutional court under the NPC(National People's Congress),is presented according to the conditions of Chinese.