On The Implementation Mechanism Of China’s Legal Constitutional Review

The review of constitutionality of laws needs to be based on the review of constitutionality,and the implementation mechanism of the review of constitutionality of laws refers to the effective cooperation and coordinated operation between the determination and procedural design of the various elements of the review of constitutionality of laws.The mechanism for implementing constitutional review concerns the specific implementation of constitutional review in China.In the work of constitutionality review,in order to achieve the goal of proper implementation of the Constitution,different implementation mechanisms have to be constructed to cope with the differences and interrelationships among laws,regulations,judicial interpretations and other norms.At present,the design of the implementation mechanism for constitutionality review in China is mostly focused on the constitutionality of draft laws rather than on the laws themselves.The elements of the mechanism for implementing the review of the constitutionality of laws include not only the subject of initiation and review,but also the procedures and methods,criteria and conclusions of the review.The determination of the subjects of legitimacy review initiation should be broad,from public authorities and public organizations to individuals,all of whom can follow different procedures of constitutionality review initiation,especially the review initiation power of parties and trial authorities.On the issue of review,the NPC and its Standing Committee should retain their status as the main body exercising the right of review and fully exercise the review function of the Constitutional and Legal Committee and the Legislative Affairs Committee as specific review bodies.The content and standards of the review can be determined in accordance with the methods of review stipulated in the Constitution and the Legislative Law,etc.,while also taking into account the legislative considerations of the law itself.The conclusions of the review should be clear as to their form and effect.The conclusions of the review of the constitutionality of the law should have the nature of a constitutional document,parts of which may have constitutional interpretation implications.In terms of specific procedural constructs,the review of the constitutionality of the law will be specifically addressed in the initiation,review,implementation and publication procedures in order to establish an effective implementation mechanism.