The Unconstitutional Reviewing Benchmarking Study

Benchmark unconstitutional review this concept originated in the United States, and American judicial review system of unconstitutional review system; In other words, the unconstitutional reviewing reference standard of judicial review. This concept in different countries and regions have different appellation, the civil law countries or regions, such as Germany, Japan, Taiwan area, called the unconstitutional reviewing the density or the benchmark of unconstitutional censorship. We access to the original definition of unconstitutional reviewing benchmark, scrutiny is the key word, is the key to open the unconstitutional reviewing benchmark scientific connotation. Especially, in the fourteenth amendment under the equal protection clause, the constitutionality of the law on personal classification review. Scrutiny, as it were, the vocabulary is a human through careful, meticulous, rigorous review, explore, polled, meaning, as one of the judges review the attitude and ability. Benchmark unconstitutional censorship is the benchmark in measuring a behavior must according to the seriousness of the violation of the constitution. What is unconstitutional censorship standards? The first part of this paper first discusses and clarify the concept of unconstitutional reviewing related, the second part through the introduction of foreign unconstitutional censorship benchmark, understand the existing typical foreign countries benchmark unconstitutional ACTS on behalf of the state, the United States, Germany, Japan, France, the unconstitutional reviewing system and the examination standards, the third part, on the basis of the analysis of the system of judicial review in China, other country unconstitutional review system, the system of judicial review in China established to design a set of feasible solutions.