The Applicable Review Of Judicature

In the case trial, making a choice between the conflict law of different rank is the basic demand of judgment But in respect that the judicial review in our country still a piece of flying land, this problem usually makes the judge in a dilemma. The judicial review includes two levels: unconstitutional review and applicable review. It is not appropriate to forbid the judicial review of other levels with the excuse that the judicatory unconstitutional review is forbidden in our country. Seeing from the legal theory, the applicable review of judicature is the guarantee that right be achieved effectively and power act harmoniously. On one hand, the diapason of the right and right (power) is the worth direction of the applicable review of judicature, on the other hand, promising the jurisdiction to carry out effectively and promoting the legislative power to operate harmoniously is the inside function and the value extension of it, which have the inimitable value for setting up the harmonious society of the democracy and law. Hereby, we should make an explicit provision on the lawmaking that courts have the power of reviewing, and restrict the power not to exceed the boundary of judicatory apply. At the same time, the court should be under an obligation of sending the outlaw circumstance to the power organization after judicial review, to promote judicature and legislation harmonious and synergic.