Research On Establishing The System Of Unconstitutional Review

With the rapid development of economy and the human law process is accelerating, setting up effective system of the unconstitutional review to ensure that the constitutional supremacy, so as to achieve the fundamental rights of citizens and to restrict and coordinate the authority, has become the history and the social requirements of development. In an attempt to complete the legal framework and guarantee the realization of the citizen rights,our country is constructing the harmonious society of "people-oriented" and is promoting the socialist's legal construction. This thesis tries to reconstruct the China's unconstitutional review system which stands in our localization characteristics. It hopes that this paper can go with the tide of historical and social development and can establish effective unconstitutional review system to realize our country's basic principles and policies. This thesis is divided into four parts.The first part introduces the unconstitutional review. This part includes the concept, the legal characteristics, basic principles and its necessity. This part lays a theoretical foundation for below discussions. "Unconstitutional review "is a highly professional legal concept. If we want to discuss how to construct the unconstitutional review system we needs to clear and explicit understand the unconstitutional review. The author introduces the concept of the unconstitutional review three significant legal characteristic, they are subject specificity, way of specificity and object specificity. On this basis, this part hold a conversation about four basic principles, the principle of political issues don't review principle, the presumptive principle of the law suits constitution, the interpretational principle of the law suits constitution and the principle of using the law firstly. These four principles not only clear the fields which unconstitutional review do not set foot in and clear the prerequisite of the unconstitutional review. At the end of this section, the author discusses the necessity of unconstitutional review for us to explain its important effect for maintaining the highest authority of constitution, ensure the rule of ruling class, realizing the basic civil rights of the citizen.The second part is for our current of unconstitutional review system analysis. This part is to undertake the first part. Fist of all, this part introduces the emergence and development of the unconstitutional review system for us. Through the emergence and development of the unconstitutional review system, the thesis reveals the historical reasons of the current unconstitutional review system is irregular.Then the author discusses the legislation and practice of the unconstitutional review system. Through the system of unconstitutional review in China and the formation of the development and current unconstitutional censorship of legislation and practice, author summarized current unconstitutional censorship existed four defects and the reasons. Facing the current unconstitutional review system of basic theory is not perfect, review subject defects, review object does not appropriate and is not comprehensive, review procedures lack of maneuverability, in the next part iii of foreign unconstitutional review system, the author were expounded and analysis, the purpose is to look around the world to deepen our understanding of unconstitutional reviewing system, thus according to our country's current unconstitutional review system defects to seek solutions to these defects.The third part is unconstitutional review system analysis and enlightenment. This part of mainly analyzes the three main positional categories of unconstitutional review system in the world. From the legislature review mode and judiciary review mode, specialized organ review mode of historical development, the forming reason and their respective advantages and disadvantages, our country's localization unconstitutional review system provides a valuable experience.The fourth part is our localization of unconstitutional review system construction. This section is the key of the full text, so with a bigger space are discussed in this paper. This part includes the characteristics of the localization, the construction principle of unconstitutional review system, the mode selection to establish the localization of our unconstitutional reviewing system and the constructional idea. Our country's unconstitutional review system construction of localization characteristics analysis in this paper is the innovation. The author summarizes the other scholars and the writings of unconstitutional review in China and discusses.These scattered localization characteristics are summarized from historical reasons, traditional concepts, regime base, social economy and policy towards. Some of these characteristics we must be respected and persistence, some should break the traditional conception and give a new explanation, some provides; us with construction foundation, some point the direction for construction. After the characteristic is discussed, the author puts forward the respecting and using of local resources principle, absorbing and referring of other country unconstitutional censorship experience principle, the feasibility and the principle of effectiveness. This is a link between the preceding three principles and the below discussions. They emphasizes it's a important and necessary event that introduces the constructional characteristics and the abroad of unconstitutional review system. Standing on the unconstitutional review mode of other countries and the related research achievements of our scholars, the author pursuits and analyses how to establish the system of review of unconstitutional review system. The author advocates forsake single unconstitutional review mode and uses innovative composite review mode. The composite review mode is not only suiting for the people's congress system, but also suiting for the trend of the world. The unconstitutional review system of the world is more and more professional and more and more pays attention to basic civil rights protection. Finally, the author, in the above of discussions, puts the idea of the constitution of our country's localization unconstitutional review system for us. The author establishes constitutional committee under the National People's Congress and under the supreme people's court establishes constitutional disputes count for the examining subjects. Meanwhile, the author tells us how to distribute and exercise the unconstitutional review, what the rule of procedures and how to supervise the review subjects.With the wish of our country's constitutional review system should be set up soon, this thesis discusses the basic theory of unconstitutional review and our current unconstitutional review system for us. Then this paper introduces the other countries' unconstitutional review system for us. Finally, the author sets forth herself conception for us.