Research On Constitutionality Review System In China

As the fundamental law of a country,the constitution occupies the highest position in the legal system,which reflects the common interests and will of the people.At present,China has formed a socialist legal system with Chinese characteristics with the constitution as the core.Constitutional review is an activity that the state organ authorized by the constitution evaluates whether the specific act of public power(including legislative act)is unconstitutional according to the constitution.It is also an important way to maintain the authority of the constitution and protect the basic rights of citizens.With the rapid development of society,people gradually realize that part of the internal relationship between the current laws and regulations is very nervous,unconstitutional cases in reality also didn't get effective norms and sanctions,the constitution supervision system has more to start the embarrassed circumstances,such as this is considered the play to the functions of the constitution was not consistent with status.Therefore,it is the only way to supervise the implementation of China's constitution to analyze the current situation and problems of China's constitutional review from different perspectives and establish a constitutional review system in line with China's national conditions.This paper takes the construction of China's constitutional review system as the research object,traces the development process of constitutional review,defines the concept and connotation of constitutional review,and studies its existing problems in combination with the provisions of China's current laws on constitutional review.Through the study of the constitutional review system outside the country,the essence and the dross are selected,and the enlightenment and significance to the construction of the constitutional review system in China are obtained.Although at present our country existing related constitutionality review start the subject,object of examination and review functions of regulation,but too simple,fuzzy and rough,scattered in the constitution,the legislative law,the laws and regulations for the record review procedure and judicial interpretations and other normative legal documents,unable to form a clear operational system,is not conducive to stable the legal system of our country.Constitutionality censorship in China in the process of construction of dilemma,if not solved,is bound to lead to the constitution is in a state of being raised,so should be strict legislation established by the constitution and the law committee,theconstitutional court for review in advance,and after the review,the combination of abstract review with specific review the constitutionality of the auxiliary censorship:same as the legal status of the constitution and the law committee,shall be carried out by the constitutional amendment constitutional court review of constitutionality,members shall be produced by the vote of the National People's Congress,responsible to the National People's Congress(NPC);In addition to the functions of the original law committee,the constitution and law committee has added the functions of examining laws and draft laws,improving the interpretation of the constitution,and improving the supporting hardware.The constitutional court law regulates a series of constitutional review work of the constitutional court;Through the introduction of the "constitutional review law" to unify the review of the main review standards.