American Judicial Review And The Enlightenment For Constitutional Judicature In China

American judicial review is regarded as one of the most successful constitutional judicature system in the world, which has important significance to the constitutional judicature in china. The status quo of constitutional judicature in China is not very optimistic because the Chinese constitution hasn't realistically entered the judicial domain yet. On the foundation of comprehensively introducing the American judicial review system, this article unifies the concrete national condition of our country, proposes that our country should learn something from the American judicial review system to promote the constitutional judicature advancement in china. This article also indicates how to profits from the American judicial review system to establish our constitutional judicature system in china.This article divided into three parts: preface, main body and conclusion, whose main body includes three chapters:The first chapter firstly introduces the establishment process,the content and the characteristic of American judicial review system, secondly introduces the limitations to the power of judicial review, finally introduces the controversies about the American judicial review and so on, which enables people to have a comprehensive understanding on American judicial review.The second chapter analyses the status quo of constitutional judicature in china. The former part of this chapter expounds the concept of constitutional judicature, which shows that the constitutional judicature includes two parts: the constitutional supervision and the constitutional litigation; the latter part of this chapter analyses the status quo and the defects of the constitutional judicature in china.The third chapter refutes the viewpoints that opposes profiting from American judicial review, analyses the feasibility and the necessity in china of profiting from the American judicial review system, draws a conclusion that our country can profit and should profit from the American judicial review system. Finally, in accordance to the American judicial review and the realistic conditions of china, a further conclusion is drawn that our country should found a constitutional judicature system which includes two parts: firstly the people's court execute the constitutional litigation, secondly the Supreme Court execute the limited power of constitutional supervision.