On The Legal Environment Of Constitutional Review

The effectual applying of the constitution law is the premise of rule of law, in the course, the crucial problem is establishing an effective and authoritative judicial review institution. At present, our research about it only staying on the superficial and proforma explanation about the western mode, we lack deep acquaintance of reasons which support its existence and development. The environment rule of law is the basis of the judicial review institution. The thesis studies the judicial review institution in the angle of environment and spreads out discuss enclosing how to establish an environment rule of law fitting in with our condition of judicial review institution now.Through the present condition in China, we can find that it is a long distance to the environment rule of law, because: the defect of the judicial review institution and the constitution law themselves: the judicial review lacks of conservation of procedure and its extent is too narrow; the constitution law ignores democracy and human rights, its political contents is too umpteen and it lacks of authorities. The backwardness of the democracy and difficulty of the political system reformation: because of the constitution in two -angle, the development of democracy is hampered; the reformation in political system lacks of fluffy method and the two-angle constitution in administration results in combination of the Party and government. The enlargement of difference between city and country and the contradiction between the economical power and the education level: the different level of the Market Economy in different places result in unbalance in allocation of income and the enlargement ofdifference between city and country; the contradiction between economical power and the education level is bulging. The backwardness of the conception about authorities in government and its staff: our officials and citizens are short of spirit of law because of feudal culture and our government and its staff have laggard concept about power.So, the writer advises: founding a especial machinery of the judicial review institution, adding items about judicial review in constitution and passing relevant law by the National People's Congress; ameliorating road of lawsuit about the constitution law and constructing double examination system; perfecting actual administration enforcement system and enforcing political scheme according to law. Actuating the government and its staff to build up correct conception of authorities and establishing citizen society. Developing Market Economy, cultivating Spirit of Agreement in the course of jointing with world and impelling our market regulation to be accordance with the regulation of WTO. Building up the conception that the constitution law is common law, educating the belief of constitution law and cultivating the conception of constitution supreme; elevating the science and cultural quality and fostering a new rational culture.