The Research Of Unconstitutional Review In The Vision Of The Constitutionalism

The constitution is a national basic laws, is the law of foundation and basis. The modernconstitutional developed countries, usually set up effective constitution supervision systemand ensure that the constitution has been implemented. Unconstitutional reviewing system isgenerally adopted the world a kind of constitution supervision system, it is specific to a stateorgan or some kind of behavior legislation (usually by the authority of the state administrativeorgans behavior) is constitutional provisions, mentioned the legal sense review and processing.It is had prevent most people, promote the legal system unification, tyranny and solvepolitical disputes, protect citizens’ rights and other basic functions.Based on the mode of Unconstitutional Acts abroad is introduced, the comprehensiveanalysis of the major countries in the world of Unconstitutional Acts mode to relevantregulations and specific operation. China cannot copy foreign unconstitutional reviewingmodel, but can use for reference the beneficial ingredient. Key to our country the system ofjudicial review of the analysis of the current situation. Finally proposed a parallel with theNational People’s Congress standing committee constitution supervision committee to reviewthe constitutionality of the general regulatory documents; At the same time in the variouslevels of people’s court’s constitutional court added, is responsible to the specific public powerbehavior of Unconstitutional Acts.The article is divided into five parts, and the concrete structure is as follows: the first partis the introduction, mainly is the introduction to choose a background and researchsignificance, the research situation, this article at home and abroad and the key and difficultand the possible innovative points.The second part from the point of law unconstitutional reviewing system for analysis, ismainly to the system of judicial review of concepts and with other related concepts such asjudicial review, constitutional lawsuit, the comparison of the constitution supervision, thisarticle discusses the constitutional perspective the value of the system of review of violatingconstitution. From the perspective of legal theory, demonstrates the unconstitutionalreviewing system can promote the realization of the rule of law, human rights guarantee andbetween the power and the right balance.The third part of the main investigation of Unconstitutional Acts abroad the pattern, theUnited States court of common mode, Germany’s constitutional court mode, France’sCommittee mode,Britain’s legislative mode for represent, and the model for the constructionof the system of judicial review in China inspiration and significance.The fourth part of judicial review in China is analyzed, and the "LuoYang Seed Case" asthe breakthrough point, then reveals the problems of judicial review in China, and analyzedthe reasons behind. Respectively from the four aspects of the existing problems, including:specifically investigating organ of Unconstitutional Acts, the scope of the provisionsUnconstitutional Acts, unconstitutional censorship of procedure guarantee and the constitutionof the judicial applicability. To lead our country present situation of unconstitutionalreviewing defects thinking, the purpose is to below discusses the system of judicial review inChina to reform and perfect provide matting. The fifth part mainly discusses how to establish and perfect the system of judicial review.Clearly unconstitutional reviewing system establish the theory background is China’s "theprescriptions" system, overall thinking should be in the current system framework to set up aspecial unconstitutional censorship, and security procedures to go first. In establishingunconstitutional censorship, the author proved other mode of the place of not feasible, andpoints out that in the National People’s Congress standing committee shall be under specialunconstitutional censorship of necessity, at the same time step by step in the people’s courts toopen internal constitutional court. In perfect existing in constitution supervision, mainly fromabstract document review on system architecture perspective. To cap it all, our country’ssystem of judicial review we should create a review and improve helpful prevent typeguarantee two aspects established.The last part summarizes full text, the emphasis on the establishment of the system ofjudicial review is to stick to the principle of the rule of civic consciousness and supervision ofthe need, adhere to the principle of the rule of first is to stick to the constitution, theconstitution has required to normative force. And the citizen of the supervisory authority must,in accordance with the highest operation also the effect of the standard. Finally, the authorhopes that in our country’s existing system framework, efficient and authoritativeunconstitutional reviewing system can really be set up.