Research On The Implementation Mechanism Of Constitutional Review Of Laws

Legal constitutionality review refers to the constitutional review which takes the law as the object of review.The understanding of legal constitutionality review should be based on the constitutional review.The implementation mechanism of legal constitutionality review refers to the determination of the elements of legal constitutionality review and the procedure design formed by the effective cohesion and coordinated operation among them.The establishment of the implementation mechanism of constitutional review of laws is related to the concrete implementation of constitutional review in China.It is necessary to realize the difference and connection between laws and regulations,judicial interpretation and other norms in constitutional review work,and design different implementation mechanisms to ensure the implementation of the Constitution.At present,a comprehensive and effective implementation mechanism has not been formed for the review of constitutionality of laws in China,and most of the relevant discussions focus on the control of constitutionality of draft laws.At present,it is necessary not only to comprehensively view the review of constitutionality of laws from an overall perspective,but also to explore its implementation mechanism from the aspects of constituent elements and program design.The main elements of the implementation mechanism of constitutional law review include the starting subject,the subject of review,the way of review and the conclusion.The determination of the initiator of the legal constitutionality review should take a broad scope,from the state organs,social organizations to the individual citizens can follow different procedures to start the legal constitutionality review,especially the parties and the hearing court’s right to file the review suggestion.As for the subject of examination,we insisted that the NPC and its Standing Committee exercise the dominant position of the power of examination,and gave full play to the functions of the Constitution and Law Committee of the NPC and the Commission for Legislative Affairs of the NPC Standing Committee as specific examination bodies.The content and standards of examination can be determined by referring to the Constitution,the Legislation Law,the filing and examination methods and other relevant provisions,and at the same time,the legislative considerations of the law itself should be taken into account.The conclusion of the review of the constitutionality of the law should have the nature of constitutional documents,and part of the content can have the effect of constitutional interpretation.In the concrete procedure design,this paper discusses the constitutionality review of laws from the starting procedure,review procedure,execution procedure and open procedure respectively,so as to form an effective implementation mechanism.