A Study On The Initiation Of Constitutional Review Procedure

The initiation of the constitutional review process is the initial stage of the constitutional review process.The constitution and the law committee decided to put on record marked the official start of constitutionality review program.The functions of constitutionality review procedure include screening constitutional cases,optimizing constitutionality review resources,and safeguarding the rights of citizens.The issues involved in the initiation of constitutionality review procedure belong to the principle and technical problems at the micro level,and the research in this field in China is still at the initial stage.The Constitution and Legislation Law have incomplete provisions on how to start the constitutionality review process.If the constitutionality review is left in limbo for a long time,it will lead to the system being suspended.In order to start the constitutional review procedure smoothly,it is necessary to study the constitutional review procedure from the entrance.The initiation mechanism of the constitutional review procedure is a threshold of the constitutional review procedure,which can ensure that the limited resources of the constitutional review can be used to deal with and solve the important issues of the country.This paper takes the starting subject,starting content,filtering standard and starting procedure,which constitute the constitutionality review procedure,as the main research object,and analyzes the shortcomings of each element on the basis of analyzing the theoretical knowledge.It is suggested that the countermeasures to optimize the start of constitutionality review procedure in the future should focus on the start subject,the start content,the filter standard and the start procedure.This paper is divided into six chapters.The first chapter is the introduction,which introduces the background of the topic,the purpose and significance of the research,analyzes the research status of domestic scholars on this topic,and explains the research methods and innovations.The second chapter is an overview of the initiation of the constitutional review procedure,which respectively studies the concept,characteristics,nature,principles and functions of the initiation of the constitutional review procedure,and compares the initiation of the constitutional review procedure with the initiation of the litigation procedure and the legislative procedure.The third chapter is about the current situation and problems of the initiation of constitutional review procedure in China.It analyzes the status of the initiation of constitutional review procedure,and studies the problems and reasons in the aspects of the initiation subject,the initiation content,the filtering standard and so on.The fourth chapter focuses on the investigation of the initiation of extraterritorial constitutional review procedures,focusing on the introduction of the United States,France,Germany,Japan,South Korea and other five countries in the initiation of constitutional review procedures in the experience and reference.The fifth chapter,in order to improve the suggestions on the starting path of constitutionality review procedure in China,puts forward corresponding suggestions from four aspects: starting subject,starting content,filtering standard and starting procedure.The sixth chapter is the conclusion.