Our Constitution Review Process A Number Of Issues For Research

The constitutional system is derived from the development of democracy in modern times. The implementation of the constitutional system, guaranteed by some concrete operational systems, is based on the constitution. To implement the procedure of the constitution maintains an important part in the realization of China's democracy. The safeguarding procedure, also known as the constitutional reviewing procedure, reviews whether the public right and the act are constitutional to prevent the abuse of right such that the citizens' rights can be safeguarded thus maintaining the authority of the constitution. This thesis, by summarizing and analyzing the abstract reviewing procedures and concrete reviewing procedures of different countries, gains some important insights into the constitutional reviewing procedure system of China. By the truth analysis of China's constitutional reviewing procedure, we make it clear that the current constitutional reviewing procedure puts too much emphasis on entities while underestimates the procedure itself. The current operational procedure is also imperfect thus less applicable. By learning the system of procedures from other countries, we should try to establish the constitutional reviewing procedure suitable to China's own national conditions.This thesis is divided into four parts. The first part concerns some basic theoretical problems of constitutional reviewing. By analyzing the value of the procedure, we investigate the constitutional reviewing procedure of China, and analyze some related concepts and theories. The second and third parts, present investigations into constitutional reviewing systems of some foreign countries and the assessment of constitutional reviewing procedure of China. We, by horizontal analysis and truth analysis of China's constitutional reviewing procedure, propose a mode of system with both the abstract reviewing procedure system and concrete reviewing procedure system, aiming at providing an operational mechanism for the constitutional reviewing procedure system. The last part concludes this thesis by giving some suggestions based on the previous analysis for devising China's constitutional reviewing procedure.