Improvement Of Constitutional Review System In China Centered On "Constitution Committee" In The National People's Congress

The core of managing state affairs according to law is to govern the country by the constitution,which is the most fundamental law in legal system.The effective implementation of constitution need supervised.Since the verdict of Marbury v.Madison,the importance of the constitutional review system has gradually emerged.Many countries in the world have established constitutional review systems,and we are still aware of its importance.President Xi Jinping put forward the principle of "improve the Chinese characteristics socialist legal system with the core of constitution" at the 19 th National Congress of the Communist Party of China.Therefore,it is also crucial to establish a constitutional review system in China.This thesis focuses on the construction of Chinese constitutional review system.Firstly,the background,research status,main content and research methods of the study were introduced.Then,it summarizes that there are three major constitutional review modes in the world including judiciary review,legislature review and specialized agency review through introducing its basic theory and historical development.Based on Chinese conditions,it analyzed the relevance of the three major constitutional review system models and China.It is believed that judiciary review system and constitutional courts review mode is inconsistent with China,and the model of specialized agencies constitutional review system has certain correlations.Afterwards,the special constitutional review committees of France and Iran were introduced and compared from the aspects of their generation basis and institutional practices for finding enlightening of China.It was affirmed that the composition and appointment of Chinese constitutional agency could draw on the Iranian model in consideration of the centralized and unified power form.And from the point of adhering to the fundamental political system and principle of National People's Congress and the leadership of Chinese Communist Party,our constitutional review can only be an internal oversight of the highest authority.Therefore,the functions and powers of Chinese constitutional review agency could be appropriately referenced to the French model.Further,this thesis stated the necessities and feasibilities of construction of constitutional review system in China by introducing the superiority and situations of constitutional review system,background of China's legal system,foundations,social needs and the trend of world's constitutional review systems.Finally,the last part provides a viable solution to set up constitutional review system under the Standing Committee of the National People's Congress supported by the Constitutional Court located in the ordinary courts and constitutional litigation system.Besides,the laws that should be enacted and revised have also be listed to construct a rational and effective constitutional review system in China.