A Study On The Constitutionality Of Draft Law Review Procedures

The construction of constitutional review system is an unavoidable research theme in china's constitutional academic circles.The former Law Committee was renamed the"Constitution and Law Committee" and actually had the expectation of promoting a constitutional review system in the sense of constitutional supervision.Therefore,the biggest special feature after its name change is that it has increased the duties of advancing constitutional review.Of course,the unified review of the draft law remains is primary responsibility.The constitutional review of the draft law in the process of reviewing the draft law can achieve the constitutional review function of excluding the constitutionality beforehand at the lowest cost and with the highest efficiency.In addition,by reviewing the review process of the draft law,it can be seen that there is a constitutional control mechanism in the legislative review sense in the deliberation process of the former Law Committee.The promotion of the constitutional review by the "Constitutional and Law Committee"actually indicates that the constitutional control mechanism in the sense of legislative review needs to move in the direction of the constitutional review mechanism in the sense of constitutional supervision.In the review process,the pre-existing preventive constitutional review mechanism in the sense of constitutional supervision does have limitations that cannot be circumvented by the abstract review.However,the effectiveness of the constitutional review by the"Constitutional and Law Committee" should be objective estimated.In the case of not changing the basic structure of the operation of the existing legislative decision-making power,it is essentially a "folding bed frame" type of design,and the expectations of relevant reforms should not be too high.On the one hand,the constitutional dispute,which cannot be resolved by the National People's Congress and the Standing Committee in the legislative process,and the "Constitutional and Law Committee" with lower power status cannot avoid the emergence of relevant disputes.On the other hand,for constitutional disputes that should have been found and resolved in the review process but not resolved by default or neglect,the "Constitutional and Law Committee" can be resolved through a preventive constitutional review mechanism.According to the existing conditions,it is still necessary to strengthen the constitutional review function of the "Constitutional and Law Committee" in the review process by improving the legislative system and establishing a sound preventive constitutional review mechanism.After all,it is the most pragmatic strategy to resolve constitutional disputes in the legislative process.Moreover,this does not contradict the continued exploration and improvement of the post-constitutional constitutional supervision system.In other words,according to the technical experience of constitutional control in the sense of legislative review formed in the unified review of the draft law of the former Law Commission,improve the review procedure and construct a constitutional review mechanism with pre-existing preventive functions in the sense of constitutional supervision,and build internal the constitutional interpretation platform,which is a constitutional decision by the Standing Committee of the National People's Congress,is the most effective program to achieve constitutional review and strengthen constitutional supervision under the existing system.