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

As a significant provision of the supervision of constitution,the design and establishing of the review of constitution 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 conclud that the mode of review of constitutionality suitable to the situation of China is Legal Review Committee.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 system,and its origin and development,it prepares the thesis theoretically.Chapter 2 has discussed the state of review of constitutionality in China.By analysising the defect and inperfection existed in the system ,the author discusses the necessity of establishing the system for review of constitutionality in China today.Chapter 3 :Taking the review of constitutionality modes of the United States,Germany and France as examples,the author analysises the origins and characteristics,values their advantages and disvantages,and elicits the useful lessons and probably existed problems if performed in China.Chapter 4 is the core of the paper,it gives the conclusion on the mode of review of constitutionality and the realizing steps in China.The main idea is the review of constitutionality should be depended on the China's national conditions.There are three steps,the first,continually pefect the law record work of Constutional Council Room's;the second,establish the Legal Review Committee as soon as possible,the author designs its installation,position,fuction,work,etc;the third, set up the Constitutional court when the politics,economy,culture mature.According to the author,to establish review of constitutionality in China,there is a very long way to go.In China,it is impracticable to accomplish a flawless review of constitutionality in one action.The afore-mentioned desigh of the author's is supposed to have solved the problem.Meanwhile,the chapter looks into the future construction of constitutionalism in China.