An Analysis And Perfection Of The Current Situation Of Constitutional Review System In China

The common experience of the development of human political, mutual restriction between the organs of state power, also the restriction of power. And unconstitutional censorship is realized the power of power restriction. As an important system of guarantee and supervise the implementation of the constitution, the unconstitutional review system to ensure the effective implementation of the constitution, to review all unconstitutional act in a timely manner, handling and decision. Constitution of the People’s Republic of China since the 1980 s restoration and development of our country under the rule of law process also obtained the unprecedented development and progress, but because of China’s current unconstitutional reviewing system is not perfect, lead to this system basically in a state offailure.Eighteen of the fourth plenary session of the party clearly put forward in the report: "adhere to the rule of law is the first to insist on governing the country by constitution, insist ruling according to law must first do ruling by constitution. And improve the implementation of the constitution supervision system, perfect the system of constitutional supervision of the National People’s Congress and its standing committee, and improve the mechanism of constitutional interpretation program."In this paper, starting from the concept of unconstitutional and unconstitutional review system, by studying the current situation and existing problems of the unconstitutional review system in China, analyzes the system of judicial review in China’s legislative status quo, combined with domestic scholars point of view and the essence of foreign legislation unconstitutional censorship, points out the defects of judicial review in China. The focus of this article, for the improvement of the system of unconstitutional review not only includes constitutional concept and the perfection of legislation, the key is for the choice of the mode of judicial review in China, on the one hand, not out of our country’s basic national conditions, on the other hand, with the development of the idea to design, so as to offer advice to the development of the system of judicial review in China, to perfect the system of judicial review in China to find new breakthrough.