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The System Defect And Perfection Of Constitutionality Review In China

Posted on:2020-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhangFull Text:PDF
GTID:2416330578951061Subject:legal
Abstract/Summary:PDF Full Text Request
Perfecting the constitutionality examination system of our country can not only safeguard the citizens' constitutional rights,make the whole society form the constitutional consensus,but also enable our country to realize the goal of governing the country according to the constitution as soon as possible,and strengthen the supervision and restriction function for other organs in our country.In addition,the perfection of the system makes the constitution no longer stand by,the constitutional review system is equivalent to the teeth of the constitution,effectively and effectively protect the legitimate rights and interests of citizens.The perfection of this system will eventually become a heavy painting in the history of our country's rule of law.However,from the present point of view,there are still some shortcomings in the constitutionality review system of our country,which makes the supervision function of the constitutional review system unable to give full play to,and can not effectively protect the constitutional rights of social organizations and citizens.It also affects the unification of socialist rule of law to a great extent.The main body of constitutional review has failed to play its full role,making article 99 of the Legislative Law not fully implemented,and in terms of the way of examination,the strict distinction between legality review and constitutional review has not been made,and in terms of procedure,The results of the legal filing review were not made public and there was no uniform and constitutional review process.The main opinion of this paper is to adopt the constitutional committee which is parallel to the standing Committee of the National people's Congress.The current system of people's Congress determines that China can only carry out the current constitutional censorship system,but not any other system.The American judicial review system,the German and French constitutional review system and the constitutional committee review system are all contrary to the people's Congress system in our country.In the way of review,review procedures and other aspects also put forward the corresponding recommendations.In order to participate in and promote the constitutional review system,this paper makes some suggestions on the defects of the current constitutionality review system in China and the ways to improve it effectively.Discussion.
Keywords/Search Tags:Constitutionality review, Defect, Constitutional Council, Perfect pat
PDF Full Text Request
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