Japan And South Korea Unconstitutional Censorship Comparative Study

Most countries have developed a written constitution in the world, but not all countries have a constitution to achieve the constitutionalism. The reason lies in the lack of effective unconstitutional censorship mechanism lead to the constitution can’t really implement, constitution finally is just a dead letter. Establish effective unconstitutional censorship, therefore, from the key to constitutional transition to constitutional government, which is the important measure of a country level of constitutional development. The constitutional review system originated in Europe and the United States developed countries, our country the study of foreign unconstitutional censorship is most concentrated in these countries. But in a few thousand years of Chinese despotism and laws of traditional ideas and the historical tradition of the western countries, the development of western constitutional experience doesn’t directly apply to our country. While Japan and South Korea is influenced by our country since ancient times, formed with similar cultural, political tradition and legal system in China. Since modern times, in the process of legal system modernization, Japan and South Korea walk in front of the our country, especially the constitutional development, has established a relatively perfect unconstitutional censorship. Japan and South Korea’s constitutional review system is under the influence of western experience, but based on eastern countries special cultural traditions and modes of democratic rule of law, Japan and Korea unconstitutional censorship developed its unique context and characteristics. In Japan and Korea unconstitutional review system of the formation, development and existing problems of analysis and research, find out the unconstitutional review system to establish and perfect China can draw lessons from the experience.http://fanyi.youdao.com/translateChosen unconstitutional review system of Japan and South Korea as the research object, this paper is written in the perspective of China’s problem consciousness with the comparative method to study unconstitutional review system of Japan and South Korea, hoping to solve the problem of our country.This paper is divided into three chapters. The first chapter mainly analyzes the history of the unconstitutional review system in Japan and South Korea. In this chapter, we discusses the characteristics of Meiji constitution, and whether unconstitutional censorship existed. Then, this paper discusses the process in the establishment of the constitution of Japan, the enactment of unconstitutional review system,the role of the United States, and the Japanese authorities’ attitude towards unconstitutional censorship. Besides,the controversies are also discussed. Then the paper analyzes the establishment of South Korea’s unconstitutional review system which includes five stages.the paper systematically introduces the basic system of unconstitutional review in Japan and South Korea, including the main body of unconstitutional censorship, unconstitutional reviewing object, the specific procedures of unconstitutional censorship, unconstitutional reviewing judgment method, and so on. In the second chapter, we evaluate the unconstitutional review systemin Japan and South Korea,and point out the problems existing in the operation of unconstitutional review system in Japan, such as the negative tendency of judicial review, and South Korea as an Asian country to establish the successful model of unconstitutional review system, the value of the system in its political, economic and social life. In the forth chapter, considering the situation of our country, we put forward problems of unconstitutional review system in our country, draw lessons from the experience of Japan and South Korea and offer some suggestions on improving the system of unconstitutionalreview in China.