New Textual Research On Principle Of Liability

Review of constitutionality is an institution that state organs specially appointed review and handle with the unconstitutional acts. The countries all over the world have laid down a set of institution about the review of constitutionality, in order to guarantee the effectively enforcement and implement of the constitution. These institution have something in common, that is, getting rid of the dilemma of "empty talk", making the constitution bring into play and be the head of laws, the basic rights of citizens, although they differ in models and features. China has never officially initiated the review of constitutionality, even though it has promulgated the first constitution in early1954. There is not the mature institution of review of constitutionality to protect the constitution itself which is apparently perfect at all. Some scholars also cannot help but admit that we just have simple theoretical exploration, but the practice of dealing with real cases which relate to unconstitutional acts is in void so far. This is all because we don’t have the mature review of constitutionality, which makes the protection to the constitution be in a embarrassed condition. The weak awareness of review of constitutionality in public, the obscure regulation about the review subject in law, the lack of procedure and related regulation to initiate the review of constitutionality, all make the current mechanism of review of constitutionality be manipulated hardly. In order to safeguard the authority and stability of the constitution, to protect the continuity of the law order, it is wholly necessary to lay down a set of institution of review of constitutionality which adapts to our national situation. The biggest national situation, we are confronted with, is the present political system and tradition. It is characterized by the institution of people’s congress which bases on the principle of combination of legislative and executive powers and the democratic centralism. People’s congress is the highest organ of power. Other government offices rise from people’s congress and are responsible for people’s congress. People’s congress has absolute authority and supervises other state organs, but other country authorities can’t constraint People’s congress’s behavior at all. According to our national conditions, the author made a bold blueprint about the institution of review of constitutionality in china, named double-responsible model. Under this model, the committee of constitution supervision can be set up in the People’s congress and the court for the constitutional dispute can be established in the Supreme Court of China. This kind of model is so simple that we don’t need to reform our constitution by a large margin in the current political system. The direct basis can be found in the current laws. The combination of concrete review and abstract review in this model is beneficial for our review of constitutionality’s increasingly improvement. The author is firmly convinced that the constitution will deeply rooted among the people and the review of constitutionality will be becoming better and approaching perfection day by day in near future under society’s joint efforts. The people’s consciousness of protecting their right by the constitution will be strengthened increasingly. Our constitution will become the head of law substantially.In this paper, a total of four parts are included, the first part is mainly introduced the concept and origin of China’s unconstitutional censorship, the second section describes the unconstitutional censorship in our specific implementation of the many problems, the third section describes the perfect unconstitutional censorship of great significance, the fourth part is the suggestion put forward by the author on the model of improving the unconstitutional censorship in China.