Unconstitutional Censorship In China

The rule of law has its superiority compared to the rule of man, which has been repeatedly proven by the practice of human society in the long run. The rule of law is the rule by law, in another word. In the many performance forms, Constitution is the basic or supreme law. Therefore, from a fundamental point of view, the rule of law refers to "the rule by constitution" in the first place. The rule by constitution means the operation of state power to be controlled, protected and regulated, so that state power in the horizontal and vertical between the state organs are properly configured to play its unique advantages of public affairs, in order to protect civil rights. For the protection of human rights of the Constitution to achieve the highest value, it is necessary to enable the implementation of the Constitution well, otherwise, a perfect constitution will just be on the paper and the protection of the civil rights also be out of the question. The enforcement of the constitution must be based on constitutional review. China has established a formal constitutional review system and some process of the review, but in practice no one act has been declared to be unconstitutional. However, this does not means that any action is not unconstitutional in our country. In practice unconstitutional acts have been happened frequently and are not promptly corrected. Therefore, how to improve our system of constitutional review is the starting point and aim of this article. In this paper, as the first part , introduction explains the need for constitutional review and the research methodology , significance and main contents of this article. In the second part, the definition of the constitutional review has been made after the research of the concept for illegal and unconstitutional action., and then the discusses of the relationships between the concept of constitutional review and its relevant concepts has been made. In the third part , a series of basic theories, such as the thinking of evil nature , thinking of natural law and the philosophy of constitutional law as a senior, social contract theory and the separation of powers, which support constitutional review, have been elaborated, in order to pave the way for the discusses below. In the fourth part, writer has researched and compared the models of foreign constitutional review ,so that has a reference of a view for China's reform and improvement about the constitutional review system. The fifth part is the stady on current situation and defects of Chinese constitutional review. Pave the way for the following text. In the sixth part , the detailed scheme has been introduced in three fields of reviewers, objects and process.