Study On The Constitutionality Review Of Local Laws And Regulations

The 19 th National Congress of the Communist Party of China put forward demands to "strengthen the implementation and supervision of the Constitution,promote the revision of the Constitution,and preserve the authority of the Constitution".Subsequently,the Constitution and Laws Committee is responsible for the specific work related to the revision of the Constitution,and then it will present the results of the revision in the form of recommendations to the National People’s Congress and its Standing Committee.The ultimate decision-making power in revision still rests with the National People’s Congress and its Standing Committee.The establishment of the Constitution and Laws Committee marks the orderly progress of my country’s constitutional reform and represents a major breakthrough in my country’s related systems.The constitutional revision is starting to get attention in my country.Local regulations are an important part of China’s legal system.With the acquisition of local legislative power by cities divided into districts and the rapid development of local economy,the number of local laws and regulations is increasing,and the possibility of unconstitutional local laws and regulations is increasing.Therefore,it is of great theoretical and practical significance to study the constitutionality review of local laws and regulations.This article uses the case analysis,normative analysis,comparative analysis,through the typical case of constitutionality review local laws in our country and the analysis of the legal norms of constitutionality review research,found that the local rules and regulations of constitutionality review to the defects of laws and regulations,combining specific cases and experience summary.And through the comparative study with the existing system outside the country,summarizes its advantages,and carries on the selective reference and learning to the constitutionality review system outside the country,and gets the enlightenment that can promote the development of our country’s system.Finally,the paper puts forward some suggestions on the constitutionality review of local laws and regulations.Through the study of typical cases of local laws and regulations in my country,including the constitutional review of the clauses of "traffic accident investigation can consult and copy communication records",the clauses of "ethnic schools teach in ethnic languages" and the clauses of "compulsory paternity test",it is found that The constitutionality review of local regulations has already been carried out in practice.By analyzing the problems existing in the constitutionality review of local regulations,including the inability to distinguish strictly between constitutionality review and legality review,the “inadequate rigidity” of review methods,and the lack of strict review procedures for constitutionality review,which needs to be improved,And some provisions of the current constitutional review system may easily lead to the situation that the role of the Standing Committee of the Provincial People’s Congress cannot be brought into full play.On this basis,the author offers some proposals.Firstly,we can use the legality review to "screen" the constitutionality review,that is,to separate the subjects of the two types of review,establish a separation mechanism for the review,and distinguish the two.Secondly,our country needs to improve the review procedure and accountability mechanism.The perfect review procedure can effectively promote the constitutionality review,while the long-term accountability mechanism can enhance the rigidity of the constitutionality review.Thirdly,we needs to improve the way of the constitutionality review of local laws and regulations by defining the role that the Standing Committee of the Provincial People’s Congress should play in reviewing the constitutionality of local regulations and strengthening the review in the process of reviewing draft local regulations.Finally,the constitutionality review system should improve the information disclosure mechanism,including legislation information disclosure,review results disclosure and improve the feedback system.The above measures can address the constitutional review of the above-mentioned domestic regulations and play an important role in promoting improved constitutional evaluation of local regulations.