Research On The Constitutionality Review Mechanism Of The Constitutional And Legal Committee

The constitution is the fundamental law of China and has the highest legal status and authority.All normative documents must not conflict with the constitution.In the process of implementing the constitution,unconstitutional normative documents appear frequently,which challenges the authority and dignity of the constitution.In order to ensure the effective implementation of the constitution,the constitution needs a set of effective constitutional review mechanism.Modern countries generally set up constitutional review according to the national conditions.China's constitution,legislative law and other laws have also made relevant provisions on the constitutional review mechanism.However,due to the limitations of various factors,the constitutional review has not achieved ideal results in China.After the Fifth Amendment of the Constitution in 2018,the Constitution and Law Committee has the responsibility to promote the constitutional review.Therefore,it is particularly important to establish and improve the constitutional review mechanism of the Constitution and Law Committee and promote the constitutional review.Based on the actual situation of China and the constitutional supervision system,this paper investigates status of the Constitution and Law Committee and the shortcomings of the constitutional review system.This paper analyzes the advantages and possibilities of the constitutional review mechanism established by the Constitution and Law Commission and puts forward corresponding suggestions for building a more useful constitutional review mechanism.Specifically,this paper is divided into four parts.The first part studies the history of the Constitution and Law Committee and the theoretical basis of constitutional review.This part explains the history and setting background of the Constitution and Law Committee,analyzes its theoretical basis for constitutional review,and provides a theoretical basis for the issue.The second part mainly analyzes the advantages and possibilities of establishing the constitutional review mechanism of the Constitution and Law Committee in China.The third part analyzes the current situation of the Constitution and Law Committee in China.The constitutional review system has some shortcomings,such as the Constitution and Law Committee does not adjust its organizational structure,does not have the power of review,the object of review is not clear,and the degree of review openness is not enough.The fourth part is to put forward corresponding suggestions for the problems in the third part.As for the shortcomings of the constitutional review system of the Constitution and Law Committee,it is suggested to improve it from the following aspects,integrate the organizational structure of the Constitution and Law Committee,give the Constitution and Law Committee the relevant power of constitutional review,and clarify the scope of the object of constitutional review.Laws and administrative rules should be taken as the objects of constitutional review,and the publicity and feedback procedures of review results should be standardized.