The Perfection Of The Theory Of China's Unconstitutional Review Body

In order to guarantee the achievements of China's legal system construction and the future development,China should attach importance to the unconstitutional review system in the process of deepening the reform.In this paper,the subject of constitutional review in China is studied,This paper analyzes the current status of constitution review in our country,and puts forward some Suggestions to improve our country's unconstitutional review system.The main framework is as follows:Firstly,the author explains the concept of unconstitutional review,the right to review the constitution and the subject of the review of the constitution.Secondly,in chapter two,the two prerequisites for the later argument are solved.First,through the verification of whether there is an unconstitutional review system in our country,we have determined that the current constitution supervision system in China contains the content of the unconstitutional review system.Second,through the analysis of whether the main body of judicial review in our country is unquestionable,it has established that China's current constitutional review body is the National People's Congress and its standing committee.Then,from the present legislative provisions and the practice,i have analyzed the status quo of the current constitutional review body in our country,and put forward the existing problems in our country's unconstitutional review body.It also puts forward the necessity of perfecting the subject of constitutional review in China.The third chapter mainly examines the main body of extraterritorial examination of the constitution,including the courts of common law countries in the United States,the constitutional court in Germany as an example,the constitutional committee with the example of France,the constitutional guardianship committee with Iran as an example,and analyzes their respective status and functions,so as to provide references for the improvement of the system of the constitutional review of the constitution.The fourth chapter is to put forward the idea of perfecting the subject of our country's unconstitutional review--the establishment of the constitutional committee,the specific analysis of its status and the division of functions.Finally,summarize the deficiencies herein and the directions that should be improved.