Research On The Unconstitutional Reviewing In China

Building unconstitutional reviewing system is the core and key of perfect thesystem of constitutional supervision in our country. Most scholars have confused withunconstitutional review system in China. the constitution supervision system ofconstitutional supervision system in China is unconstitutional censorship. In thisarticle, through comprehensive analysis of the status quo of the existing constitutionalsupervision system in China, combing the existing laws and regulations of the contentof the constitutional supervision, the emergence of suspected cases of unconstitutionalcensorship is analyzed to our country in recent years. There is no denying the fact thatour country’s constitution and relevant laws and regulations are in the preliminaryprovisions of the constitution supervision, but it often pays attention to the text of theconstitution and ignore the implementation of the constitution in practice, thisphenomenon is our country has not set up perfect unconstitutional censorship. Ourcountry has never announceds its unconstitutional a law so far, and law isunconstitutional. Although the National People’s Congress and its standing committeein the our country constitution supervision, the implementation of the constitution, thelegislative law of normative legal documents for legitimacy, the regulation of thereview of constitutionality, but it lacks of effectiveness like this.Constitutionalsupervision system is the guarantee for the implementation of the constitution and theunconstitutional reviewing system is truly the only way of constitutional supervisionand implementation of the constitutionIn this paper, by analyzing the unconstitutional review system of other countriesin the world today, including judicial organs censorship, the constitution committeecensorship, the constitutional court censorship and legislative censorship. Eachcountry has its own political tradition, the basic political system, the citizen’s legalquality and legal belief is different, all kinds of unconstitutional review system hasadvantages and disadvantages. China’s concrete national condition is different fromthe western capitalist countries, the establishment of the system of judicial review inChina should draw lessons from foreign advanced legal results of unconstitutionalreviewing system, more to consider the local political, economic and legal factors.This article suggested that construction of constitutional council unconstitutional censorship, the constitution committee of the National People’s Congress and itsstanding committee has special committee, special exercise the power ofunconstitutional censorship. Without changing the existing under the condition ofconstitutional law, based on the National People’s Congress and the standingcommittee of the authority status and unconstitutional reviewing power professional,authoritative, the constitutional council unconstitutional censorship can be make theunconstitutional censorship really up and running in our country.