Research On Constitutional Review System Of Constitution And Law Committee

The Constitutional and Legal Committee was given the responsibility of advancing the review of constitutionality.After more than forty years of development,China's constitutional review system has formally entered the system construction from the discussion in the theoretical field.Study the constitutionality review system,analyze the dual attributes of constitutionality review,and the relationship between constitutionality review and legality,filing review and unconstitutional review.In the historical development process of the Constitution and Law Committee,its function was positioned.Constitutional review is the core content of its work.The review of draft laws,constitutional interpretation and implementation of constitutional supervision are all closely related to constitutional review.The review of the draft law is the most important way of reviewing constitutionality review.The precautionary review is used to ensure the constitutionality of law enforcement.Constitutional interpretation is one of the most common ways to make up for loopholes in the constitution.The objectives of the review are the same.An analysis of the constitutional review of the Constitution and Legal Committee shows that it is not difficult to find that the status of the Constitution and Legal Committee is unclear,the scope of the review is too narrow,the relevant powers for review are lacking,and the review procedures are incomplete.In order to make up for the shortcomings of the Constitutional and Legal Committee in the operation of constitutional review,the constitutional review system can be improved from the following aspects.Drawing on the experience of foreign unconstitutional review,to clarify the status of constitutional review of the Constitution and the Legal Committee,to study the categories of laws,administrative regulations,local regulations,and administrative regulations,and to give the Constitution and the Legal Committee relevant powers for constitutional review.The "Constitutional Review Procedure Law"was formulated to regulate the subject of constitutional review,the start and trial of procedures,publicity,and the approval and effectiveness of review.