Font Size: a A A

China's Constitutional Review System And Its Improvement

Posted on:2020-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330590482063Subject:Constitutional law
Abstract/Summary:PDF Full Text Request
As the supervision and review system of the constitution,constitutional review system is not mature in China.Although China has established a certain constitutional review system,it is still a relatively broad framework system.The academic circle has been making efforts to promote the improvement of China's constitutional review system.In recent years,China has also begun to pay attention to the constitutional review system.At the first session of the 13 th National People's Congress,the constitution was amended and the law committee of the NPC was renamed as the constitution and law committee to better realize China's constitutional review.To further improve the constitutional review is of great significance to China.On the one hand,it maintains the unity of the country and the authority of the constitution,making the constitutional review the institutional guarantee of the country.On the other hand,it can guarantee the implementation of the constitution,safeguard and ensure the realization of the fundamental interests of the people.Compared with other countries' constitutionality review systems,China's constitutionality review has defects in the establishment of the starting subject,limited examination objects and imperfect procedures and modes.In view of the relatively mature constitutional review system in western countries,this paper studies and considers the above problems existing in China's constitutional review system.On the basis of drawing lessons from the subjects,objects,procedures and methods of unconstitutional review in the United States,France,Germany and other western countries,this paper summarizes five Suggestions to improve China's constitutional review system.First of all,to further improve China's constitutional review system,it is necessary to limit the starting subject of China's constitutional review to direct stakeholders and strengthen the qualifications of direct stakeholders.It is also necessary to expand the scope of China's constitutional review objects to laws and administrative regulations.Secondly,in order to run the system well,it is necessary to innovate the mode of constitutional review system and balance the abstract review and the specific review.Finally,it is necessary to improve the procedures and mechanisms of constitutional review and enhance the openness of constitutional review.
Keywords/Search Tags:Constitutional review, constitutional supervision, review mode, constitutional review procedure
PDF Full Text Request
Related items