Enlightenment Of Unconstitutional Review System Of American And French To China

The Constitution is the fundamental law of the country. It adjusts the most important and fundamental relationship of the social life,that is constitutional law relationship. The specific state organ that has the right of unconstitutional review can has the right to review and rule whether the legislative and executive behavior of the state organs,political organizations, and other social groups violate the constitutional provisions, as well as to review and rule whether the constitutional rights of individual citizens are damaged by state organs, and whether the specific state organs resolve constitutional disputes and give the corresponding sanctions to the behavior of violation of the Constitution. Whether judicial review implement correctly and reasonably or not relates to the problem of the particular conduct of the state organs is abiding by the Constitution, which is a top priority in the national life. Therefore, to establish a reasonable and efficient unconstitutional review mechanism has great significance in maintaining the authority of the Constitution, achieving a fair and just society and maintaining social stability. Currently, all the constitutionalism countries in the world basically has established comprehensive unconstitutional review system.Among the countries, unconstitutional review systems of American and France are more successful and have their own characteristics.So,it has great significance to constitutional review systems of our country in researching the unconstitutional review systems of the America and France. In this paper, the unconstitutional review systems of America and France will be analyzed and the relatively effective experience is going to be summarized, then with the national situation the effective measures of improving of the unconstitutional review system in China will be put forward.In this paper, the literature collected has been systematically researched using the methods of literature analysis, comparative analysis and linking theory with practice. And then the paper is written. In general, it is divided into introduction, main body and conclusions. The main body includes four parts:The first part is mainly about the general theory of unconstitutional review. After researching the current theories of scholars, I summarize the concept of unconstitutional review, that is the specific state organ that has the the right of unconstitutional review can review and rule if a legislative or a certain behavior violates the provisions of the Constitution using specific methods and procedures according to the Constitution. It has the following characteristics:firstly, its subject is specific, today’s constitutionalism countries have the specific attributive subject of the right of unconstitutional review. Some will be given to the judiciary, some will be given to the legislature, and some countries will set up a special authorities as the subject of unconstitutional review; Secondly, unconstitutional review employs a judicial or quasi-judicial in settlement of the constitution dispute; thirdly, there are different forms of unconstitutional review, this is mainly because constitutional nations in the world have different history, traditions, political systems, legal systems, as well as the constitutional concept. And the nations build the unconstitutional review systems closely relying on its own national conditions and learning from, absorbing and transplanting the strengths and experiences of other countries. In addition,the principle of unconstitutional review is the principle of constitutionality. The scope of unconstitutional review is specific. In the following part, the related concepts of unconstitutional review, judicial review, constitutional supervision, the constitutional review are differentiated and analyzed. Finally, the paper makes a brief introduction of the several unconstitutional review mode.The second part describes the historical evolution of unconstitutional review system of the America and France, analyzes each characteristics of unconstitutional review and compares the two systems, and then obtains advantages and disadvantages of two types of system.The third part makes a brief statement of the related issues of unconstitutional review in China, introduces the historical development and current conditions of unconstitutional review in China, analyzes the problems in China and finds out the reasons for these problems.And mainly about a fewsuperficial comments on establishing and improving unconstitutional review system of China after researching the related problems of unconstitutional review system of American and France.