Research On China's Constitutional Review Procedure

The proposal of "constitutional review" sounded the clarion call to strengthen the implementation and supervision of the Constitution in the context of comprehensively governing the country,and demonstrated the strong determination and belief of the ruling party in establishing the constitutional authority and advancing the rule of law.The advancement of this work requires a well-established program carrier as a basis for a constitutional review process.The constitutional review procedure in China refers to the steps,sequence and time limit that the National People's Congress and its Standing Committee should follow when reviewing and adjudicating whether a legislative act conforms to the Constitution.It is closely related to the legality review procedure and the constitutional review process.There is a difference.The constitutional review procedure can achieve legal unity,rights relief,and democratic supervision by effectively linking substantive legal relationships.In order to fully realize the above functions,the constitutional review procedure should adhere to the basic principles of openness,impartiality,participation and efficiency from static program construction to dynamic program operation.Only in this way,the constitutional review process can be justified and in line with the spirit of the rule of law.In the operational practice,it can not only provide procedural guidance for constitutional review,but also expose the constitution to “scared teeth” and ensure the fairness of the review results.Sexuality and authority,earnestly strengthen the implementation and supervision of the Constitution,and enrich the system of people's congresses in China,give them rich connotations of the times,and promote the rule of law in China.After years of development,China has initially established a set of constitutional review procedures that have begun to take shape,mainly through the filing and review process to promote constitutional implementation and supervision,including filing,initiation,processing,feedback and disclosure.It is a procedural mechanism with the characteristics of China's national conditions,which contains the dual functions of constitutional review and legality review,and has the prototype of a constitutional review procedure.Through the combing and analysis of the normative provisions,it is found that this program mechanism is quite reasonable.The actual operation of many years has achieved a lot of achievements,and cultivated a good constitutional atmosphere in the society.In particular,the number of review proposals has risen sharply,indicating that citizens are enthusiastic about participating in the constitutional review process,and the improvement of the constitutional review process should not ignore this powerful dynamic mechanism.When we are encouraged by the achievements,we should recognize that the function of the constitutional review process has not been fully realized,mainly due to the lack of motivation for the start of the procedure,the improper operation of the procedures,the lack of timeliness of feedback and open procedures,and the filing review process.It is not enough to support the overall advancement of the constitutional review work.On the one hand,it is because the program construction is unscientific,but it is more inevitable for the program to run.Therefore,it is necessary to carry out in-depth analysis on the problems in the program construction and operation practice,and provide reference for the next step of the program improvement.There is no procedural model in the field of constitutional review.The perfect constitutional review process should adhere to the existing procedural system and be rooted in the national conditions of the country,so that the procedural norms are compatible with the national political system.According to the actual needs,take the long-term outside the domain to make up the short of the local.It may be considered to highlight the constitutional review function in the review of the draft law and the approval process of autonomous regulations and separate regulations.At the same time,it is necessary to carry out technical improvement on the existing filing review procedures and activate the institutional impetus for the initiation of the review proposal.Separate the constitutionality and legality review procedures,improve the linkage mechanism of related procedures,optimize the technical design of processing procedures,clarify feedback,and disclose procedural requirements.This forms a constitutional review process combining pre-examination and post-event review,so that the constitutional review process can truly play its due role,and then construct a constitutional implementation system with Chinese characteristics.