Research On China's Constitutional Review System

The system for the constitutional review is always a hot issue in the academic research of science of constitution. Up to 8th march, from the statistic of the search on the cnki.net, there are 1190 articles whose keywords include"constitutional review", which contain seven doctoral theses and 75 master's theses. From the data above, research on the system of "constitutional Review" has made great achievements. The research on China's constitutional review system is an ancient topic because its academic research has last several years; but it is also a reality problem because China's constitutional review system is still in urgent need of reform, whose theoretical support is not enough."As long as China has not yet established the real effective constitutional review system, it is necessary for the scholars to spend much time discussing the issue of constitutional review system in the research of science of constitution."This paper makes a detailed analysis on China's constitutional review system from the normative level, the value level and the fact level and reflects on the reform of the system.Chapter 1, The norms of China's constitutional review system. The author abandons the traditional method of analysis and divides China's constitutional review system into two parts (the constitutional review of National People's Congress and the constitutional review of the NPC Standing Committee).after that, the author makes a detailed analysis on the targets of the review, the review process, the legal basis of the review.Chapter 2, The theoretical basis of China's constitutional review system. The author details on the theoretical basis of the foundation of China's constitutional review system and the theoretical basis of the mode China's constitutional review system has chosen. The theoretical basis of the foundation of China's constitutional review system contains: The value of the Constitution, the value of the unity of the legal system, the value of the protection of human rights. The theoretical basis of the mode China's constitutional review system has chosen contains: The people's congress system, collectivism, the hermeneutic concept of "who formulate, who explained" etc.Chapter 3, The effect of China's constitutional review system. The author analyzes several cases involving the Constitutional Review and points out that the constitutional review system isn't in effect. The author analyzes the reasons of the failure, which contains: the double main of the Constitutional Review system, the organizational form and the mess of terms refer to the NPC and its Standing Committee, the incomplete legislation of the Constitutional Review system etc.Chapter 4, Reflection. Firstly, the author analyzes the content and the feasibility of the three models which the scholars urged in the reform of China's constitutional review system. Secondly, the author points out the direction of the reform: effectively separate the three powers (the power of legal review, the power of constitutional review, legislative power)and rationalize the relationship of the three powers. Finally, the author makes a brief description and a feasibility study of the reform measures which he urges.