On The Improvement Of The Unconstitutional Censorship

Constitution is the fundamental law of a country, which is the foundation to manage the state affairs in accordance with. The core to manage the state affairs according to laws is to run the constitutional government, to administer the nation according to the constitution and implement the constitution completely and efficiently. In the developed countries where the modern constitutional government is being implemented, the powerful constitution guarantee system has normally been established. At present, the judicial review of constitution is a kind of constitution guarantee system generally enforced in every country.Review of constitution is executed by specific state organs to examine and handle certain legislation or certain kind behavior (usually the behavior of state organs) whether they infract the constitution or not at the legal level. It's basic functions are to guarantee the supremeness of constitution, safeguard human rights, restrict the power, coordinate and dissolve the power conflicts. Some basic principles have been formed step by step during the course of it's production and in the process of it's development. The major ones are as follows: The principle of suspension on non-lawsuit, principle of inference on constitutionality, principle of combination of procedure review and entity review and non-review principle on political issues. The review of constitution will inevitably make the violator undertake certain responsibility who infracts the constitution, the responsibility, also as a kind of form of legal responsibility, distinguishes itself from criminal responsibility, civil responsibility as well as administrative responsibility because of it's political nature.Reviewing the development history of constitutional government in the world, different countries have adopted different patterns for review of constitution owing to different political systems, legal thoughts and cultural traditions. Based on different organs reviewing constitutionality, the review of constitutionality can be divided into the pattern by the legislature, the pattern by the ordinary court, the pattern by the constitution court and the pattern by the constitution committee, each of them hasboth advantages and disadvantages. On the future development of review of constitutionality, specialization of reviewing organs, such as the reviewing pattern enforced by the constitution court will become a new kind of tendency.The development history of review of constitutionality of New China is very short, the constitution of 1954 has established the preliminary review system, but not long later, it existed in name only. The current review system has been stipulated by the constitution of 1982 and has been progressively perfected along with the constant development of the socialist democracy and law construction. In the last few years, the review of constitutionality is extensively concerned and has once formed an upsurge. However, in the practice, there are some un-sound and defective factors still existing in our review of constitutionality, mainly because there is no special organs, the way and the procedure of review of constitution are not perfect, the object of review of constitution is unitary, which could not realize the review of constitution on laws as well as the scattered review of constitutionality, etc.The establishment and perfection of the review of constitutionality has been discussed in the theoretical circle for many years, the key problem is mainly concentrated on how to select the pattern for the review of constitutionality. In my view, to perfect the review of constitutionality in our country is an organic part to develop the socialist democratic politics, to perfect the system of people's congress and sound the constitution guarantee system, therefore, the review of constitutionality we select should not deviate from the system of people's congress. Now the most realistic and feasible pattern is, under the National People's Congress, to establish a special organ as the standing organ responsible for it, its benefit lies in the perfection of the system of people's congress, helpful for solution of legal issues concerning constitutionality and may be easily accepted by the society, which corresponds to the tendency of specialization of reviewing organs. According to this kind of pattern, this paper finally suggests that the special law for the review of constitutionality should be established, the composition, the power, the procedure and ways of review and the responsibility for infracting the constitution should be stipulated simultaneously.