Initial Research On Building Up The Judicial Review System Of Constitutionality Of China

Judicial review system of constitutionality is an important legal system whichevery modern country uses to ensure the unity of state legal system, defendconstitutional honor, prevent abuses of authority, supervise the enforcement of laws,and examines whether every law and regulation is constitutional or not. In the actuallife, generally each country takes judicial review thxough specially designatedorgans such as parliament, common court, constitutional conunittee, constitutiona1court, which play a very important role in achieving the value a-nd filnction ofconstitutions and promoting the advancement and development of states. But up tonow, in our country, the judicial review system of constitutionality in the real sensehasn't been sct up yet. So, though there are a lot of good rules in our presentconstitution, wllen they're put into effect, they have to come to the circumstancesthat "the name falls short of the reality", because of which the thesis begin with theconcept and value analysis of judicial review system of constitutionality, studiesfour kinds of judicial review patterns of constitutionality, and according to thecontent, characteristics and problems of our present judicial review system ofconstitutionality, the author makes some suggestions on how to buiid up a newjudicial review system of constitutionality in our country.This thesis consists of fOur parts.Part One: thc conccpt and valuc analysis of judicial review system ofconstitutionalityJudicial review system of constitutionality is a fundamental system with legalsense to prevent violation of the constitution, which refers to that speciallydesignated state organs examine and conduct whether certain legis1ation or certainacts are constitutional or not. (Generally it refers to the acts of state organ leaders,but in some states, it also includes the acts of political parties, for instance, Germanyl l lconstitutional court can exaxnine the organianion and acts of political pwties.) Itmainly has the fOllowing values: Firstly, the practicing of Judicial review system ofconstitutionality can equilibrium and coordinate State power, then guaramees thesteadiness and deve1opment of state political power. Secondly, the practicing ofjudicial review system of constitutionality influences the enfOrcement of theconstitution and the direction of constitutionalism directly. Finally, judicial reviewcan coordinate the interest relations between the state, society and citizens.Part tWo: the comparison of judicial review pattcrns of constitutionalityThe article selects four kinds of judicial review pattems of constitutionalitywhich are of universal and representative significance to compare and study, andmakes a thorough analysis on the history, characteristics, advantages andshortcomings of each pattern. Each of the four patterns has its stIong poillts, andplays a very important role in the safeguarding of constitutions, so they deserve to beconsulted by us.Part three: the contcnt, charactcristics and problcms of Chincse judicial rcviewsystem of constitutionality in fOrceSince new China was founded, the judicial review has been given to the higheststate organ of power. This system has its own advantages, but because the higheststate organ of power is deficient in time and energy, and there being a very largepopulation and compIicated situations in our country, the system is determined to bea mere formality. So, on the basis of the exposition of the content and characteristicsof the judicial review system of constitutionality in force, this part emphaticallyanalyses its striking problems.Part fOur: the conception of building up the judicial rcview system ofconstitutionality of ChinaOn the basis of studying other countries' judicial review system ofconstitutionality, according to the status quo of our state, and in view of actualproblems existing in the judicial review system of our country, the author makessom...