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Korea Unconstitutional Reviewing System’s Inspiration To China

Posted on:2014-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:A S ShenFull Text:PDF
GTID:2256330401960427Subject:Constitution and Administrative Law
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Under China’s Constitution, is unconstitutional examination system has been established on the surface, but in reality it is a "blank", Because China’s unconstitutional reviewing system do not establish, just "unconstitutional" as effective measures to supervise, was provided for in the constitutional supervision system, it did not play its effective role in the process, have not yet developed the suable, the lack of applicability, to be perfect. Ⅺ Jinping stressed,"is the life of the implementation of the Constitution, the constitutional authority to implement." Unconstitutional acts sometimes occur in China, not only violated the fundamental rights of citizens, on the authority of the Constitution also prejudice.How to make consistent with constitutional development trends of the world, but also consistent with the actual situation of China’s unconstitutional reviewing system, scholars to research the various unconstitutional reviewing system in foreign countries and has made many contributions in order to perfect the country’s constitutional system. In this article the author chose Korea as objects of research. Because Korea under construction has been established in the Constitution of the unconstitutional examination system, as the political situation after the change, has used the Constitutional Committee mode of judicial review system of unconstitutionality, the Constitutional Court, judicial review system of unconstitutionality review model of constitutional review system. By constantly trying to1987Korea successful transplantation of suitable to its national conditions mode of Constitutional Court judicial review system of unconstitutionality, this regime in Korea played a pivotal role in the development of constitutionalism, we learn.This article is divided into five sections. First part main describes has unconstitutional review system of related content; second part is combined Korea history describes has Korea unconstitutional review system of evolution process; third part is describes has Korea unconstitutional review system of unconstitutional review main, and review object, and review program and it of value,; IV part is describes has China of Constitution oversight system of history evolution and the defects and research has Korea unconstitutional review system for China constitutional construction of reality reference meaning; v part is summary.
Keywords/Search Tags:Review of constitutionality, Unconstitutional reviewingsystem, Korea, Constitutional Court
PDF Full Text Request
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