Study Of Establishing The System For The Review Of Constitutionality In China

As a significant provision of the supervision of constitution, review of constitutionality, with various designs emerging in endlessly, has always been a hot issue in the academic circles of constitutional jurisprudence in China. Adopting the method of comparative analysis, this thesis studies the establishing the system for review of constitutionality in China, and elicits that the mode of review of constitutionality suitable to the situation of China is Constitutional Council + Standing Committee of the National People's Congress.The whole thesis is composed of five parts: an introduction and four chapters.Introduction is on the significance, subject, field and method of research in this thesis.Chapter 1 has mainly focused on a brief introduction of the fundamental doctrine of review of constitutionality. By discussing its concept. characteristics, comparison with interrelated systems, and its origin and development, it prepares the thesis theoretically.Chapter 2 has discussed the state of review of constitutionality in China. By describing the current state of theoretical research, the author discusses the situation of review of constitutionality in China, educes that China has no review of constitutionality at present, and then proceeds to demonstrate the necessity of establishing the system for review of constitutionality in China today.Chapter 3 is mainly on the mode selection of Chinese review ofconstitutionality. Considering the practice of law in China, the author argues that China has had the phenomena of "non-typical judicial review" in reality. Furthermore, it is necessary to establish an official system for review of constitutionality to standardize reviewing. As for the selection of mode, the author uses the review of constitutionality modes of the United States, Germany and France as examples, and demonstrates that the mainstream of review of constitutionality is not suitable for China. The author further elicits his design: Constitutional Council + Standing Committee of the National People's Congress, and makes a brief introduction of that mode.Chapter 4 is the epilogue of the whole thesis. It presents the reason for the mode of Constitutional Council + Standing Committee of the National People's Congress, i.e. "politics means compromise". To establish the system for review of constitutionality in China, according to the author, there is a very long way to go. In China, it is impracticable to accomplish a flawless review of constitutionality in one action. Consequently, the current design should give priority to compromise. Review of constitutionality should first become part of the nation's institution, and then we can talk about making it flawless. For this consideration, a comparatively mature system with operability should have priority and be attached importance to in the design of review of constitutionality. The afore-mentioned design of the author's is supposed to have solved the problem. Meanwhile, this chapter looks into the future construction of constitutionalism in China.