On The Enactment Of Constitutional Review System Of China

Constitutional review system is a system that a constitutional state relies upon to maintain the implementation of the Constitution. However, China has not yet established an constitutional review system. For this reason, this paper will focus on antipated analysis of future constitutional review system of China.The paper is composed of the following four chapters:The Chapter I, the author provides an overview of constitutional review system, is divided into three sections. In the first section, the author discussed the concept of constitutional review first, then discussed the links and differences between the constitutional review and constitutional oversight, judicial review, constitutional litigation. In the second section, the author has combed the origin and development of constitutional review system. In the third section, the author combed、 analyzed and commentted on the legislature review mode, the judiciary review mode, the specialized agencies review mode and the composite review mode adopted by major countries of the world on of these four constitutional review mode, in order to provide reference for the construction of our own constitutional review system.The Chapter II is divided into two sections, in this part the author combed the legislative history as well as the existing problems of constitutional review system of China. The first section briefly reviews the legislative history of the Constitutional Supervision in China; In the second section, the author disscussed the existing problems of current constitutional review system of China, such as lack of specialized constitutional review authority, lack of specific procedural requirements, lack of effective constitutional mechanisms of accountability.The Chapter III is divided into four sections, the author analyzed and commentted on the academic views on constitutional review system. In the first section, the author analyzed and commentted on several views that advocates the implementation of the judicial review system and pointed out that this model is not suitable for China’s national conditions, and therefore is undesirable. In the second section, the author analyzed and commentted on several views that advocates the implementation of Constitutional Court review system and thought the mode is feasible, but still needs to be further improved. In the third section, the author analyzed and commentted on several views that advocates the implementation of the Constitutional Council review system, and thought that this model should be improved. On the idea of set up a constitutional committee under the National People’s Congress which is parallel to the Standing Committee of NPC to carry out constitutional review, the author think it has certain effectiveness. The constitutional committee can implemente strong oversight to the legislations of the National People’s Congress Standing Committee, but it is difficult to oversight the NPC legislations, and therefore the system needs to be further improved.On the opinion of establish a constitutional council with the nature of special committee under National People’s Congress, the author think this is feasibility, but with poor effectiveness, of not only, it is difficult to effective supervise the legislations of National People’s Congress and The Standing Committee of NPC, therefore is undesirable. As for the the idea of establish a constitutional council with a working nature under the Standing Committee of NPC to carry out constitutional review, it is feasible but had the worst effectiveness, it is difficult to it effective supervise the legislations of National People’s Congress,therefore is undesirable. In the fourth section, the author analyzed and commentted on several views that advocates the implementation of the comprehensive review system, and noted that this mode can improve the efficiency, but.the courts at all levels does not have such authority, it is difficult to carry out constitutional review, therefore, is not desirable.The Chapter IV is divided into four sections, the author described the specific programs to build constitutional review system in China.In the first section, the author described the setting and its component organs of constitutional review, and put forward his own opinion of establish a Constitutional Council outside of the National People’s Congress that responsible for the constitutional review.In the second section, the author described the duties and the way of exercise constitutional review of the Constitutional Council, and think we need combine the prior review and ex post facto review. In the third section, the author described the relationship between the Constitutional Council and the National People’s Congress, and proposed that Constitutional Council enjoy the right to revoke unconstitutional rulings of NPC. In the fourth section, the author described three basic principles to be followed by in the constitutional review activities, that is, independent exercise of powers by the constitutional council, the principle of accept the of NPC and the principle of limited review.