The Exploration On Review Of Constitutionality Running Mechanism

Review of Constitutionality system can efficiently clean up the legal system of aState both in internal conflict and contradiction.So it’s an important system of theright of device which maintains unity and harmony within a legal framework, inparticular preventing or curbing the powers which may makes misconduct underspecial circumstances and maintenance or guarantee citizens.From the provisions of the current Constitution, the actor of judicial review is thenational people’s Congress and its Standing Committee.But there has been no case ofconstitutional review practice in the real sense due to various reasons, which result inconstitutional review mechanism stays at a standstill. Though there are provisions onmechanism of constitutional review in the Constitution, the current mechanism ofreview of constitutionality in China still fails to start, which is caused by lack ofoperational mechanism. In view of this, the construction procedure of constitutionalreview of the effectiveness of mechanism is very necessary.The objective of this article is to against the mtionless state of the system ofreview of constitutionality in China and to explore its operation mechanism. Throughcomparative analysis,we can take full advantage of resources exist in the currentsystem in China already, combining with sophisticated practical experiences of theconstitutional State, to proceed the constitutional review mechanism on theconstruction and perfection though the concept of maximum protection of citizens ’rights to further promote. Find the cause why mechanism of constitutional review notrun and the path of seeking multi boot mechanism of constitutional review. Hopethrough research on the running mechanism of constitutional review, promptingmechanism of review of constitutionality in China running smoothly as soon aspossible.On the view of operation mechanism of review of constitutionality, this article isdivided into two aspects of constructivism.One hand of which is from the view point of citizens to improve the dynamic mechanism of review of constitutionality drawingsupport from existing review mechanisms on the basis of constitutionality in China.Sohow the the way mechanism of citizens-own for the review of constitutionality inChina running? This needs to enhance the consciousness of citizens ’ constitutionalrights, to social power check and balance the power of constitutional review, throughthe mechanism of formation of civil rights activist of civil society to protect andexpand the civil legislation of the right. This is not only part of citizens power-sharing,but also promotion on the formation of civil society, which encouraging citizens touse their power to promote running mechanism of constitutional review, combiningwith the authority to construct an early realization of running mechanism ofconstitutional review.The other hand is to solve the problem of the dynamic mechanism ofconstitutional review from a national point of view.First of all, in various existing andenvisaged constitutional review mechanism in China and abroad, selecting themaintenance of constitutional review of the existing mechanisms in China; the secondis to ensure the transparency of the review procedures and the institutionalization ofthe existing procedure of constitutional review. Last is to perfect the unconstitutionalreview mechanism of run process, including the start of unconstitutional reviewmechanism, accepting mechanism of unconstitutional review case and replymechanism of established unconstitutional review, To perfect this three steps is a keyaction to construct unconstitutional review run mechanism in China.This also needsunconstitutional review power organ enacted about unconstitutional reviewmechanism of run program method.The combination of real method and programmethod on unconstitutional review mechanism leads to the implementation of fiveorgans’ requirements and review recommendations right of citizens.