The Establishment And Improvement Of The System Of Constitutional Review

The system of the Unconstitutionality Review in our academic research of science of Law is a hot issue in China, which also is a knotty problem. From the provisions of the Constitution and legislation, China has set up a system to review the constitution crisis. However, in practice, the system does not play an effective role, the violations of the constitution still happen often, not only result in violations of fundamental rights and freedoms of citizens, and what is more serious is the harm the Constitution's authority and dignity. The main reason why the system has not been able to work effectively in the actual review is that there are many defects in the system. Promoting vigorously the current building of socialist democracy and the rule of law, establishing the authority of the Constitution, which all request us urgently to improve the system of the Unconstitutionality Review? However, how to make the system improved, there are more controversial theories recently. This paper seeks to combine the basic situation in China and draw on the useful experience of foreign unconstitutional censorship to discuss how to improve our system.This paper is divided into four sections: an overview of the system of the unconstitutionality review, the current situation of the system, the present conditions of China's basic political situation and the improvement of our system of unconstitutional review.The system of the unconstitutionality review outlined in the first part mainly introduces the concept of the system, the constitution, the origin and development of the system violating the Constitution, and focusing on three typical models for unconstitutional review, and also described the theoretical support for the three models and mentioned the advantages and disadvantages compared among the above, the inspiration brought about from the comparison.The second part of this thesis concerns about the present conditions for the system of the unconstitutionality review, mainly on the introduction for the birth of Constitution and Judicial Review system and the definition of the unconstitutional acts, the study on the unconstitutional subject, the unconstitutional reasons, and the establishment of the system together with its defects. Laying emphasis on how to bring forward the result that our system still have many problems to be improved and didn't play a role for real even though we've established it.The third part describes the current state of China's basic political situation, legislative system, the judicial system with the analysis of China's laws and cultural status, which explain why the system to be designed should be in accordance with China's national conditions, Any plans would be reasonable to put forward being suited the need of China's political system under the basic framework.The fourth part is how to improve our system of the unconstitutional review. This part is the focus of this paper. For the improvement of the system, which includes not only the constitutional ideas, but also the legislation perfected, the key among them is to choose a rationalpattern. On the one hand we can not lose contact with our reality for the China's basic national conditions, on the other hand, we should take development point of view to design this system, and then mainly through comparison analysis approach to work out our unconstitutional review mode, through comparison to find out the point of the entrance between China's basic national conditions and the foreign unconstitutional censorship, and using entry point to plan China's unconstitutional review mode, that is to be set up the authoritative Constitutional Court under control of the National People's Congress at all levels, which check any unconstitutional action against China's legislative acts, and hear the constitutional litigation .