The Dilemma And The Breakthrough Of Constitutional Review-System In China

Constitutional review is an important link in the implementation of the constitution,and it is also the key element of the Constitution's function.However,in the present time,the constitutional review system in China is facing great difficulties,which leads to the important role of the constitutional review.The procuratorial organ exercises the constitutional review right,which is in conformity with the provisions of the Constitution and the law.The understanding of the procuratorial organ's constitutional review right can be reasonably introduced from the 129th,131st,135th constitution.From the design of the system,the procuratorial organs exercise the constitutional right to examine the Constitution in accordance with the basic political system of our country.At the same time,the procuratorial organs to exercise the constitutional review right has the form and essence of rationality and necessity,it can be concluded from the analysis and understanding of the word "Prosecution" in foreign countries,can draw inspiration from Marx Lenin's idea of state power supervision,can also be confirmed from the historical process of the procuratorial organs have with the development in our country.Procuratorial organs of constitutional review,we must first clear the premise of constitutional review,including defining the subject,review of the constitutionality of the National People's Congress has authorized;secondly to regulate from the two aspects of content and procedures,which include normative content can review the behavior and not examining the behavior of procedures including the legal review and Acceptance Review of two aspects,including the submission of draft statutory review and review of the two links,including the standard acceptance review starting procedure,review procedures,the program specification specification three aspects;finally also need to have a perfect system to ensure the exercise of power.