On The System Of Constitutional Review

In this essay ,author analyzes the pattern by the ordinary court of American, Author think American adapt their patter ,that reason are their conditions, That is bourgeoisie controls need,We can not cope it , but our country must display the function of the judicial organ.In this paper, author also analyzes our country pattern: The legislature supervises the constitution system .Author think it is fit for our condition of country which is developing. But it has shortcoming , So citizen's right has Often received the infringement, The system is not perfect.and there is the need for further perfection.There are three chapters in this essay.In the first chapter, the author demonstrates fully the concept of constitution censorship and correlation some basic concepts and theory. author points that the foundamental character of the system is to protect the foundmental rights of civils, and prevent them from crupting. Author research the pattern ,primitive and potency of constitution censorship.In the second chapter, the author mainly analyzes the bourgeoisie theory and the reason of American typical systems of constitution protection, which US uses. Point out American the bourgeoisie the natural law thought, the human rights idea, as well as the human nature wicked idea, is the bourgeoisie theory of American typical systems of constitution protection, party politics struggle, then is the US bourgeoisie's practice reason.In the third chapter, the author discuss Chinese mechanism of constitutionality Review today, The National People's Congress and its the standing committee are iresponsible to violate the constitution the examination institution .But,it has many shortcoming , there is no special organs, the way and the procedure of review of constitution are not perfect, the object of review of constitution is unitary, which could not realize the review of constitution on laws as well as the scattered review of constitutionality,. Because it is shortcoming, many people right of constitution is infringed . The author summons our country to set up a compound system of constitutional committee review adding judicature by the case of violating constitution. The establishment and perfection of the review of constitutionality has been discussed in the theoretical circle, scholar think out so many way of review of constitution .some one claim judicial review of constitution is good. Some one claim legal review of constitution is good. Some one claim Constitution court is good. But Author Seeks another way in this chapter, claim a compound system of constitutional committee review adding judicature. The auther think we must have the judicial organ, and cannot purely depend upon it, the judicial organ should be the special organ to unify in china .When designing this system, the author obey some principle .that is mainly for people. Judicature judge the case by using constitution,if not according for concrete law. If judicature finds concrete law violating constitution, judicature will put it on the Constitutional Committee Review which have country and province. In this chapter,the author discuss its composition and nature. The Country's Constitutional Committee Review is equal to the National People's Congress,and higher than the Standing Committee of the National People's Congress. Province's Constitutional Committee Review is equal to the Province's Congress, and higher than the Standing Committee of the Province People's Congress .The Country's Constitutional Committee Review can supervise the Province's Constitutional Review Committee, but not to interfere.In the end, the author conclude this essay, hoping china can be governed by the constitution in leading of communist party.