Research On China's Constitutional Review Syste

China’s constitutional censorship system is gradually emerging.From the perspective of the formation background and structure arrangement of our constitutional review system,our constitutional review system is different from the judicial review system under the common law background and the constitutional court review system under the continental law background.Our country’s constitutional review system has the dual characteristics of "non-judicial" and "political".Under this dual characteristics,China’s constitutional review system mainly plays three functions: "to ensure that the Party Central Committee orders and prohibits","to safeguard the unity of the rule of law","to protect the legal rights of citizens as legal persons".Based on the three functions of the constitutionality review system in our country,this paper examines the practice patterns of the constitutionality control in the unified review of the draft law and the constitutionality review in the record review,and believes that the constitutionality review system in our country is difficult to effectively realize the three functions in reality.In the face of the reality of building a constitutional review system in China in the new era,this article advocates reviewing whether the draft of the disputed law shrinks or expands the relevant provisions in the constitutional text based on the constitutional text.If the draft of the disputed law shrinks or expands the arrangement of the Constitution’s authority,procedures,and content on the basic system,then the draft of the disputed law conflicts with the constitutional provisions.In addition,if the disputed draft law involves significant reform issues of the political and economic systems recognized by the Party Central Committee,the Constitution and Law Committee should first use the interpretation technique of "legal constitutional interpretation" as much as possible to expand the interpretation of the Constitution.If it cannot be interpreted as consistent,constitutional judgment should be avoided,and then the reform results should be coordinated with the Constitution text through constitutional or legal amendments.In terms of realizing the legitimate rights of citizens as legal persons,this article believes that at the two levels of subjective defense rights and objective value order realization,the proportional principle and other review techniques should be modified separately to enhance the rights protection function of constitutional review.In terms of the constitutional review system in the filing review,this article addresses the shortcomings of this system in achieving three functions.It points out that the Party Central Committee’s policies and guidelines should be incorporated into the Constitution through constitutional hermeneutics and applied to the review practice of specific cases.At the same time,the effectiveness of constitutional review in China’s filing review system should be enhanced by expanding the scope of normative documents for filing review and improving the legal status of filing review offices.In addition,the Legal Work Committee should actively use the analytical framework of basic rights review in the review process,achieve the rationalization and predictability of review conclusions,and enhance the institutional function of protecting the legitimate rights of citizens as legal persons.