| Constitutional review is an important research content in the field of constitution of our country.It is a special agency that examines whether the laws,administrative regulations,department regulations,local administrative regulations,etc.are in conformity with the constitution according to some specific standards and methods.It emphasizes taking constitutional principles and constitutional norms as the criteria for evaluating things and behaviors,and evaluating the legitimacy of government and citizen behaviors,thereby establishing the legal authority of the Constitution as the highest legal form of the country.At the same time,constitutional review is also an indispensable part of China’s constitutional supervision.It has the role of supervising the behavior of state organs and ensuring the constitutionality of state behavior.In the field of constitution,constitutional review has always been a research focus.However,in recent years,some constitutional cases that have caused constitutional disputes have also occurred.These constitutional cases have been extensively studied by various scholars and all levels of society.The importance of attention is also unprecedented,which reflects the necessity of constitutional judgment,and the lack of clear constitutional review standards is also highlighted and amplified.The criteria for constitutional judgement play an important role in constitutional review,although,in the report of the 19 th National Congress of the Chinese Communist Party,it is proposed that: strengthen the implementation and supervision of the constitution,advance the work of constitutional review,and safeguard the authority of the constitution.In addition,in recent years,some achievements have been made.The model of constitutional review system explored is generally in line with China’s national conditions and political system.However,there are still many shortcomings in careful analysis.For example,at the current stage,China has not yet established a comprehensive,clear and mature judgment standard for constitutional review,and the judgement standard for constitutional review has also been continuously explored.Therefore,constitutional review also has Certain limitations and flaws.This is because under the current constitutional review system,the scope of the review object is not very broad.For example,the laws formulated by the National People’s Congress are not included in the scope of the review.There is no clear judgment standard,no review process,and various Limitations restrict the development of constitutional review in China,and at the same time,it also affects the construction of a socialist legal system in China.In order to solve these problems,we propose methods for these shortcomings,fully improve the constitutional review,protect the basic rights of citizens,safeguard the authority of the constitution,and restrict public power of the country.Through the analysis of the theory of constitutional review,some typical countries abroad The research and comparison of constitutional review show how the criteria for constitutional review are constructed by the author,and then analyze the criteria that the author considers.Constitutionality must rely on the constitution,without which there will be no problems of constitutionality and unconstitutionality.Regarding the criterion of constitutionality,we should still focus on the constitution,and take the constitution as the core,and study from the surface to the inside of the constitution to determine whether a law and an act are constitutional.From the perspectives of spirit,constitutional practice,and constitutional doctrine,judging whether constitutionality is a comprehensive issue,and its standards are closely related to politics and society.Throughout the world,many countries with a developed rule of law are relatively complete in the constitutional system,so this aspect of constitutional review is also relatively mature,and the criteria for judging constitutional review also have a mature set of belonging to their own country.standard.The "triple benchmark" standards in the United States,the "single benchmark" in Germany,and France are based on whether they comply with a written constitutional code;whether they meet the preamble of the constitution;whether they meet the principles of the constitution,etc.,so the establishment of constitutional standards is not just The constitutional text of the Constitution is based on the principles and spirit of the Chinese Constitution,the doctrines and practices of the Constitution,and by learning advanced and reliable judgment standards from the West and abroad,combining them with China’s national conditions,and integrating standards suitable for our country.The judgment standards summarized through these channels are the most suitable and fairest standards.This article discusses the questions about the criteria for constitutional review.This article is divided into four parts.The first part is the introduction,which includes the significance of the topic,the background of the topic and the literature review at home and abroad.The second part is an overview of the criteria for constitutional review.It mainly describes the concept and necessity of the criteria for constitutional judgement.How to judge that the formulation of a law,administrative regulation is a criterion for constitutional needs.Standards,and then make value judgments,which requires that a constitutional review must have a set of standards,and judgments based on this standard.This reflects the necessity of the judgment criteria for constitutional review.The third part is through some unconstitutional cases in our country and the unconstitutional judgments of related laws,which lead to the disputes of the current constitutional review judgments.These disputes describe the limitations of our constitutional review judgment standards.The fourth part compares and analyzes the constitutional review standards of the United States,France,and Germany,and summarizes the characteristics of the constitutional review and the characteristics of the standards in each country,and draws some worthy lessons from it.In the fifth part,the author’s point of view is put forward.What kind of construction should the judgement criteria of constitutional review be? I describe and analyze from the aspects of constitutional norms,constitutional principles and constitutional spirit. |
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