Study On Unconstitutional Review System

The development and innovation of constitutional review system,it is necessary to fully understand the contents and requirements of the system,in-depth study and practice of the system need to summarize the gains and losses;renew ideas,get rid of the shackles of outdated,even wrong ideas;also need to pay attention to their own system in the practice of new phenomena,new problems,combined with their own practice to theory exploration.Therefore,we should pay more attention to the basic theory of constitutional review,the comparative analysis of important systems and practices,and the practice of China’s constitutional review.The article is divided into three parts.The first part studies the basic theoretical issues of constitutional review,including the concept of constitutional review,the content of the system,and the relationship between the application of constitution and the interpretation of constitution.First,through the comparison of judicial review several representative concepts and some related concepts such as constitutional litigation,judicial review and constitutional supervision,judicial review of the new concept,specific state organs shall enjoy the right of judicial review,according to the provisions of the constitution or constitutional spirit,principle,follow the statutory procedures,review or the constitutionality of state specific actions or events,and make legal adjudication system.Secondly,detailed and in-depth study of the main content of the constitutional review system,including the principles of constitutional review,such as the non lawsuit no examination principle,the principle of presumption of constitutionality,the procedural justice and the principle of equal protection;several factors related to the scope of the review and the establishment of constitutional debate unconstitutional review should be considered in the scope of judicial review mechanism;several main types of different characteristics,expand the research field of constitutional review.Finally,by analyzing the connection and difference between constitutional review and constitutional application and constitutional interpretation,it is pointed out that the research of constitutional review system must be coordinated with other related systems.The second part studies the development of the system of unconstitutional review in the world.First of all,deeply studies the operation mechanism of the constitutional review system of the United States,including the three premise of system operation is the independence of the judiciary,judicial and legislative andadministrative right of equality and independence of judges;two based system generated by the application of constitution interpretation of constitutional authority and judicial practice;and the U.S.Department of justice in the judicial review from the Constitution and the right double restriction of its own.Secondly,the creation of specialized agencies on the European continent of the constitutional review system,including the characteristics of the constitutional court and the Constitutional Council and the advantages and disadvantages of in-depth analysis,explore the European system of constitutional review system for the construction of China’s reference;and discusses the legislative unconstitutional review mode and operation mechanism,analyzes the characteristics of the legislature in the UK on behalf of the constitutional review in the review of the scope of the review method,points out the practical difficulties of the model.The third part studies the current situation,problems and mode selection of the constitutional review system in China.First,analyzed the current situation of the main system,China judicial review scope as well as the examination and treatment methods,points out that under the current system,the NPC Standing Committee has the power of judicial review,the National People’s Congress and the State Council have no power of judicial review;the scope of judicial review Chinese exist various defects,such as no provisions of law review.Secondly,from the system summarized review system unconstitutional our choice to solve some theoretical problems,such as problems,adhere to the principle of the sovereignty of the people adhere to the relationship between principle and correct understanding of constitutional litigation problem,correctly handle the people’s Congress system and the constitutional review system of constitutional supremacy;finally,on the basis of comparison and analysis of our main models of constitutional review system design,combined with the reality of our country,puts forward the idea of establishing the judicial review system model of the constitutional court and the common court limited combination,and their views on the specific system design content and supporting system construction and the reform of the political system is put forward.