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Research On The Chinese Model Of Constitutionality Review

Posted on:2020-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y DiFull Text:PDF
GTID:2416330596484840Subject:Law
Abstract/Summary:PDF Full Text Request
The constitutional review system is a system that guarantees the normal operation of the state machine on the constitutional track and corrects the deviant behavior of state organs.It is also an important part of constitutional supervision and is indispensable for any country under the rule of law.The constitutional review system is also of great significance to China.In recent years,the construction of China's constitutional review system has achieved results.The established constitutional review system is generally in line with China's national conditions and constitutional laws,but there are still some shortcomings.For example,the scope of the review under the current constitutional review system is relatively narrow,and the laws of the National People's Congress,the actions of state organs and their staff have not been included in the scope of review;the current constitutional review procedures are not perfect and lack specific review.Process;no scientific review benchmark system and related imperfect system implementation are not established.In response to these problems,this paper proposes a series of suggestions and ideas for improving China's constitutional review system,including: first,expanding the scope of constitutional review,the laws of the National People's Congress,the behavior of state organs and their staff,etc.Incorporate the scope of the review;secondly,gradually improve the procedures for constitutional review,such as expanding the scope of the constitutional review initiation body,and improving the review process;again,to build a scientific review benchmark system,we can consider the triple benchmark review model and The principle of proportionality establishes a five-point review benchmark system to improve the accuracy of constitutional review and ensure the stability of the constitution.Finally,the corresponding supporting mechanism for constitutional review is improved to achieve a multi-pronged effect.Therefore,based on China's reality,and thus perfecting China's constitutional review model,it plays an important role in promoting constitutional implementation and strengthening constitutional authority,and is of great significance for promoting China's constitutional construction.
Keywords/Search Tags:Constitutional review, Model, Chinese characteristics, Mechanis construction
PDF Full Text Request
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