Constitutional Review System Of Our Country’s Present Situation And Perfection

Constitution is the fundamental law of a nation, which is the basis to manage of the state affairs. The core to manage the state affairs according to the constitution, Constitution is the important guarantee of the rule of law. In the detailed provisions of the Constitution includes a country’s political、economic、cultural and other basic systems basic laws. It determines the country’s economic fundamentals and national characters. Therefore, only play the role of Constitution that can to safeguard human rights and to limit the purpose of power expansions, which required the appropriate constitutional safeguards system. The Constitutional review system is to ensure that the Constitution has been the effective implementation of the legal system and therefore constitutional reviewing system become a necessary option. However, there are many defects of the present constitutionality system in China. The defects are not only prevented the Constitution from playing an effective role, also affect the process of unification of the Socialist concept of the rule of law and the building of democracy seriously.Review of constitutional is different from the Constitution, Constitutional supervision、Judicial review、Constitutional litigation and Constitutional authority. It is an independent concept. Review of constitutional is defined as:according to the Constitution or constitutional convention, the law or the exercise of public power of the state organs and personnel actions are constitutionality reviewed or not and declaring the unconstitutional law or exercise is invalid activity. At present, there are existed Constitutional review mode mainly includes the ordinary court, legislative review mode and specialized organs examined mode (including France’s Constitutional Council review mode and Germany’s Constitutional Court to review mode). From the theoretical and practical point of view, there are advantages and disadvantages of the three kinds of constitutional review models exiting. Out at the conclusion, it is better to judge through the specific conditions of individual countries, in considering its historical background, political culture, political structure, legal traditions, behavior patterns and other factors of a case.According to the special situation of our country, the simple of legislation review mode, review by ordinary court and specialized organs examined mode in our country are not feasible, so in this article the author analyzes from two different levels of theory and social practice suggested to build the specialized agencies, judicial review is supplemented by the composite review mode-the Constitutional Council and the Supreme People’s Court review mode, and design the specific scheme, finally put forward guarantee this mode to execute specific measures.