On The Perfection Of Unconstitutional Censorship In China

While constitution has been historically invented, she won't just be an outcome of old days passively. On the one hand, she pointedly expects to guide the political and social process according to her inner spirit and written principles and regulations, on the other hand, she whishes herself to be adaptable, so that she can keep abreast of the consistently developing process of social and political life. However, the ultimate goal of these two aspects is just to mold and protect human dignity, so that constitutionalism will finally be established.Nevertheless, this situation of symbiosis of the state, the society and the constitution, and the establishment of normative constitution are all created historically, and constitutional systems should be delicately and effectively designed and arranged, among which the system of review of constitutionality is indispensable.After about a hundred years of pursuit and practice in constitutionalism, based on the idea of constitutional paramountcy, we have initially established a bi-track system of review of constitutionality. However we can also observe its inner defects under present constitutional systems, including, the confusion of system basis, the irrational configuration of power, the limited objects, singly oriented system aim and the undue process.In the face of all these defects, the author suggests to amend our system of review of constitutionality, so that the vulnerability and real fulfillment of constitutional rights will be guaranteed, constitutional belief and real democracy will be developed, and constitutionalism will significantly be established and smoothly make progress.The suggestions include, restructuring the National People's Congress and Standing Committee's powers of review of constitutionality by establishing a constitutional committee which substitutes the power of review of constitutionality of the Standing Committee of National People's Congress, while the power of review of constitutionality of the National People's Congress will be instilled with new sense and function, expanding the review of constitutionality power of judicature system, and establishing the system of case law of review of constitutionality.