Research On The Constitutional Review System Of China

Constitutionality review system in our country is the National People's Congress and its standing committee according to the provisions of the constitution and relevant laws,for there may be a violation of the constitution of the laws,regulations and normative legal document s and the conduct of the state organs perform their duties.If the NPC and its standing committee find violations of the constitution,they should actively correct question of constitution,uphold the authority of the constitution and strengthen the implementation of the constitution.Regulations for the record review of constitutionality review in China,constitutional interpretation program with the same value pursuit,is to perfect the constitutional supervision system,and promote the implementation of the constitution but in examination way,there exist differences in object review,review procedures,etc.At present,the reality of constitutionality review system in China is not optimistic,not only because of the citizen's constitutional consciousness weak,but also is the constitutional interpretation program,constitutional supervision system is not perfect.A comprehensive review of constitutionality system is the important system of perfecting the constitutional supervision system design,to strengthen the constitution implementation,promote constitutional status,guarantee basic human rights,so need to research system of review of constitutionality.Constitutionality review and judicial review with the same content,just as unconstitutional review and there is a cross between judicial review,to avoid censorship judicialization,so called China's censorship constitutionality review,called the west's examination unconstitutional censorship.The review mode of the legislative organs,the examination mode of the judicial organs and the examination mode of the specialized agencies are reviewed by the western countries.Review of different model has different content,our country in the process of construction of improve the system of review of constitutionality can absorb the outstanding part of the western unconstitutional censorship,get rid of external review mode.Build perfect system of constitutionality review should be before the analysis of existing problems,mainly is system of constitutionality review body theory controversy,narrow review,review process fuzzy,the lack of a comprehensive review conclusion.Build perfect system of constitutionality review first need to solve the theoretical controversy of audit main body,set up the National People's Congress and its standing committee as the basis of audit main body and the constitution and the law committee of auxiliary functions.Secondly,the scope of review includes normative legal documents such as laws and administrative regulations,party rules,military regulations and major decisions of state organs.Finally,the screening mechanism should be set up in the review process to increase the specific review mode,draw on the timeliness of western countries,and establish a comprehensive review conclusion.Through the detailed content design to enhance the actual operability of the constitutional review system,to play the role of the system.