Alternative Thinking Over Future Judicial Review Of Unconstitutional Action In China

This paper analyzes the present condition and existing issues concerning judicial review of unconstitutional action. It points out that the difficulty in initiating judicial review of unconstitutional action lies in lack of special institution to operate, limited scopes for review, lack of protection of proper procedures, lack of constitutional litigation, lack of motivation to exercise review and after all exclusion of ruling party from review. It makes comparison between China's approaches and the practice in western countries and points that western styles are not suitable in China. It proposes a new approach to establish future judicial review of unconstitutional action in China with an ultimate view to including ruling party under surveillance of the Constitution. That the Communist Party of China, one of the biggest ruling party in the world, come into ruling power in China is the right choice of the Chinese people and the natural outcome of history. While it leads the nation to modernization, the Communist Party of China comes up against a fundamental challenge in how to establish rule of law in a socialist country. The Communist Party of China studied fluctuation of the history and made his historic choice to adopt rule-of-law policy to govern the country. While progress is made, the Communist Party of China inevitably faces many problems. He has to strengthen its ruling power and improve his leadership without sacrificing efforts to push forward democracy progression. The author audaciously proposes a judicial review of unconstitutional action in China be empowered to the Chinese People's Political Consultative Conference (CPPCC) and a bold political reform be conducted to push forward China's constitution and democracy. The core idea of this proposal is: 1) all parties including ruling party and democratic parties should be regulated in the Constitution, which shall expressly prescribe all parties'political status, power and rights. 2) the Chinese People's Political Consultative Conference (CPPCC) shall be empowered by and in the Constitution a practical power --judicial review of unconstitutional action, in the continuous reign of the Communist Party of China. This arrangement will advance the political status of all democratic parties, making them a force within the control of the Constitution to check, supervise and balance the power of the Communist Party, with a view to realizing stability of social structure beneficial for national development and renaissance of the Chinese people.