Research On The System For The Review Of Constitutionality Of China

The system for the review of constitutionality is not only an outcome of western constitutional government but also an important content of human political civilization. This system displays the prosperous vitality because it can control the national power availably to guarantee the constitutional right of the citizen. In modern history, Chinese system of constitutional government is transplanted from the model of constitutional government in west, and then imitated the system of U.S.S.R. Many disadvantages lie in the current review system. The significant one of them is that the NPC, the highest organ of state power, has the supreme legislative power, and at the same time has the review power as the only institution for the review of constitutionality, which prevents the constitution supervision system from functioning properly, and it also affects the unity of the social constitutionality as well as the process of the construction of the socialist democracy and socialist legality. To assure that our constitution can be executed validly, on one hand we must make an intensive study of the specific features and law of system for the review of constitutionality and on the other hand we should accelerate the establishment of our own system for the review of constitutionality in line with the actual conditions and the foreign advanced experience.By analyzing the current conditions of the system for the review of constitutionality of our country, scholars in the field of constitution research have reached the consensus of opinion that lack of special institution is the biggest obstacle to prevent the function of the system for the review of constitutionality, however, they also have great disagreements in the pattern of the review construction, which mostly divided in two groups: one prefer to establish the unitary system for the review of constitutionality, another is stick to establishing the federal system for the review of constitutionality. From the either view of theory or practice, it has less chance to fully accomplish the duty by the unitary system. So it is no doubt that the federal system for review of constitutionality which may not only absorb the advantage of other patterns but also kick off the shortcomings of current system is the most suitable pattern and has the greatest possibility to reconstruct current review system of China. We should focus on the perfection and development of the federal system in the next period.In this thesis, I put it in the first place to carry out the normative study in the basic theoretical questions of system for the review of constitutionality. Then go ahead on this basis; it is under positive research that not only the actual situation but also the drawbacks of superintend system for constitutional law. Furthermore, the different opinions and suggestions which focus on the issue of how to establish system for the review constitutionality of China from scholars in the field of constitution are taken into seriously comparison. Finally, I draw a conclusion that it is impossible for unitary system to accomplish the duty of review of constitutionality completely, however, if federal system can perfect its theory in shout time ,it may has more chance with its advantage of absorbing the reasonable aspects of unitary system,. According to the social development and current political system, It is necessary to develop the federal system to hybrid system which contains the two basic characters: One character is that it takes several steps to develop system for the review of constitutionality, another is that the numbers of the subject for the review of constitutionality is elastic, which means the number of the subject maybe one or maybe two in the different step during the development .of the system for the review of constitutionality. So the hybrid system has the advantages of more flexibility and it can gain more time for the adjustment of the rules and regulars relative The project in detail includes the first step of reviewing by constitutional committee, the second step of reviewing by the constitution committee compatible with the Supreme Court, and the last step of reviewing by the Constitution Court.Full thesis divides into three sections : Part I introduce the basic concept, the genesis,the classifies and main functions of the review constitutionality which make the foundation of the whole review system; Part II reviews the history and the current actualities of system for review of constitutionality in China in order to discover the main objections and obstacles that prevent the normal function and the development of constitution. Part III discuss the golden rules and the most suitable pattern for the establishment of Chinese review system, and go ahead on this basis; bring forward the"hybrid system"project including the details of its thinking resources, main frame and implementer processes.By scanning widely in the human political civilization and having a foothold in the Chinese society actuality, I hope this thesis will be beneficial to the construction of rule by law of China.