The Resrarch On The Judicial Progress Of Unconstitutionality In China

The primary requirement of development of socialist constitutional government business in recent years of our country is the rule of law, the essence of the rule of law is according to the constitution. it requires the constitution can be effectively carried out, if the provisions of the constitution only stay on paper and can not be implemented, it will destroy the supreme authority and the highest legal effect of the constitution. In China, the legal system to promote the effective implementation of the constitution is the constitutional review system, the premise to guarantee the effective implementation of the constitutional review system is to have a set of perfect constitutional review procedures, Perfect procedures design is the necessary premise of entity system to play a role. Therefore, to perfect our country’s constitutional review procedure is the core and key to promote better development of constitutional business. In this paper, through the comprehensive analysis of the status of our constitutional review procedures, combing the content of existing laws in the procedures of constitutional review, combing the status in the practice and some related events and cases of constitutional review procedure in our country in recent years, analyzes the problems and deficiencies. It should be said that none of the constitutional review cases happened so far in our country is resolved through constitutional review procedure way. Regulating unconstitutional documents is often the result of legislative self modified or judicial interpretation of offset correction, thus, the constitution will still be the country on the shelf, can’t really play the role of the national fundamental law, but can not become the protection of civil rights in the security paper. In this paper, through a comprehensive analysis the present situation and problems of the initiating procedure,acceptance procedure, review procedures and handling procedures of constitutional review in our country., and expounds the necessity to perfect the constitutional review procedure in our country combined with the reality of practice, and research the relevant provisions of the constitutional review procedure of other countries in the world, considering the difference of the concrete national conditions between china and western countries,to perfect our constitutional review procedure, we should not only learn from the advanced law abroad, but also combine with our country’s basic political system, historical and cultural background, the concrete national conditions, economic development and social conditions and other factors, the new idea and suggestion on the aspects of perfecting the procedure of constitutional review will arise. For example, in the submission procedure, it makes clear of the submission nature and form, submission aging, the way to guarantee of submission, and made constructive suggestions for improvement of the acceptance procedure and review procedures to improve, processing procedures are set up step by step to the planning and design of structured. Since such, implementation of the constitutional review system in our country has the reality and reference, and it makes our country’s constitutional review procedure run up really.