The Pattern Choice Of Chinese Unconstitutional Review System

Constitution is the law that endows the rights to citizens and restricts the power of government, which has the supreme legal effect as a fundamental law of the state, and any power that is executed is not allowed to go against with the constitutional spirit. Its unique task is that law duty is kept within range allowed by civil fundamental right. But the constitutionalism is one kind of idea or ideal making politics operation law-rization state, Owing to building constitution and the constitution on democratic and ruling a basis by law, the politics order forms, it requires that all power of government exercising is all brought into the orbit arriving at constitution and the restraint accepting constitution. Make sure that constitution is put into effect and constitutional government order can be come true, it pays to have a little indispensable condition to make a guarantee, the most fundamental condition is to build the effective unconstitutional review system, its behavior only is capable to do, otherwise the behavior violates the constitution can cause the constitution authority's danger, thus cannot realize in the true sense constitutional government order. Unconstitutional review system, as a kind of important means that controls to state power, this kind of system embodies one kind of such spirit deeply, it does not acknowledge that the absolute power not restricted in the country, any power must be under the constitution. Because of the essence described above, make the unconstitutional review system exists as a stabilization. The country executed this system, the political issue could be changed into the legal question constantly through the judicial censorship, thus avoided the emergence of the political turmoil, has safeguarded the stability of the society effectively. In a word, unconstitutional review system takes the surveillance constitution implementation the important system. after emerging in it, it reflects constitution spirit deeply. Ensure the constitution to implement, promote the social stability, make the function of the constitution be given full to, thus demonstrate the vigorous vitality. In our country, it has not yet built up perfect the unconstitutional review system. Combining the development theory and practice of the foreign unconstitutional review system, it has great theory and realistic meaning to construct the unconstitutional review system.This article elaboration logic is: Chapter One comes to investigate and discuss the implication of unconstitutional review by putting in the fundamental theory of the unconstitutional review system, emphasize the law of the constitution from analyzing constitution and theory of the constitutionalism, bring the legislative behavior and behavior of government into the track of the constitution, realize that the constitutionalism is the requirement to build the democracy government. Analysing it on the foundation about the concept of checking with the unconstitutional review relevantly, thus define the basic content of the unconstitutional review, including the meaning of the unconstitutional review, the government office executing the unconstitutional review, the target of the unconstitutional review. Chapter Two emphasizes the pattern of unconstitutional review system of Britain, America, Germany and France, comparing to the several kinds different patterns. Thus realizing the characteristics and pros and cons of three kinds of patterns, it has realistic reference meanings to set up the review of constitutionality to our country. Chapter Three analyses the unconstitutional moving forward in our country, and reaches the necessary structuring the unconstitutional review system in our country by knowing history and current situation that our country constitution superintends. Chapter Four discusses structuring the unconstitutional review system according with our national condition, has suggested that the organ exercises unconstitutional review the duty having weighed up, and designing courageously this one speciality that is under the available form of government of our country about the character, function and operation procedures, and so on.