A Study On The Constitutional Review Of The Draft Law

The constitutional review of draft law is a pre-constitutional review in nature,the purpose of which is to make the constitutional review of draft law before the law is promulgated,so as to reduce the possibility that the law is unconstitutional.which makes it difficult for our country to conduct a constitutional review of the laws in force.However,in the process of reviewing draft law in China,there are many practices of reviewing the constitutionality.The constitutional review of draft law can guarantee the constitutionality of it to a certain extent,The constitutional review of draft law has the functions of upholding the uniformity of the legal system,guaranteeing the basic civil rights of citizens,and perfecting the People's Congress system.It should also follow the principles of open procedures,fair results,extensive participation,and efficient implementation in its operation.In the legislative practice of our country,the review can break up two.First the constitutionality review of the legislative purpose and the forming draft of the draft law by the drafting subject and the legalizing subject during the process of the draft law.This practice,to some extent,ensures the constitutionality of legislative items,raises the threshold of legislative process,and reducing reaurce in work about legal and protect the legislation effect.Second is about the constitutionality review of the content of the draft law by the legislative deliberating body during the process of the draft law.This process is mainly to examine whether the draft law concerning people essential right has completely protected,so that the basic rights stipulated in the constitution can be fully realized through specific laws,which is also the significance of constitutional review of the draft law.Compared with post-constitutional review systems(e.g.record and scrutiinzing),China's constitutional review system of draft law has advantages such as lower cost andstronger initiative of the legislature.However,China's constitutional review system of draft law also has the defects of no independent operation procedures,limited review content,over-softening review methods,and the real review subject has no substantive power.Therefore,based on the existing system,extraterritorial experience are needed to properly draw on to improve the constitutional review system of draft law in China,see also the review of constitutionality of draft law can be carried out smoothly,the constitutionality of draft law can be enhanced,and the goal of preventing unconstitutional laws can be achieved.