Research On Constitutional Review System In China

The Constitution owns the highest status in the legal system of China and plays an extremely significant role in the process of national management.What’s more,the Constitution is the fundamental guarantee for the sustainable development of socialism with Chinese characteristics.In the report of the 19 th National Congress of the CPC,our general secretary,Xi Jinping,explicitly indicates that one of the most important measures to deepen the practice of law-based governance of the country is to strengthen the enforcement and supervision of Constitution,promote the constitutional review and maintain the authority of Constitution.In the report,the constitutional review is firstly proposed in the official documents of CPC,which reflects the determination of CPC to comprehensively deepen the practice of law-based governance of the country in the new period.In recent years,in order to further promote the supervision of Constitution,maintain and improve the authority of Constitution,the academia have paid more and more attention to the constitutional review and made great efforts to promote the constitutional review.At present,in the Constitution and the Legislation,they not only provide for the subject and review scope to the constitutional review system but also make relevant provisions for the procedure of constitutional review system.However,there are still many problems existing in the constitutional review system in China,which seriously hinders the review progress.According to the methods of literature research and case analysis,this thesis makes an analysis on the constitutional review system in our country.First of all,it looks through the documents of constitutional review system in home and abroad.In addition,by introducing the concept and meaning of unconstitutional review,this thesis defines the implication of the constitutional review and differentiates the related concepts of the constitutional review.Then,it expounds the ways of constitutional review,including the preventative review,the abstract and principled review and the review of the specific case.The core mission of the constitutional review is to persist in taking the system of people ’ s congress as the center and establishing the linkage mechanism of the constitutional review.Next,this thesis analyzes the current situation and problems of the Chinese constitutional review system by utilizing the related cases.It mainly proposes four problems.Theconstitutional review system lacks the effective subject of the constitutional review system,the scope of constitutional review is narrow,the procedure of the constitutional review system is not perfect and it is absence of the constitutional interpretation.Meanwhile,based on the analysis,it finds that these problems are mainly caused by the imperfect setup of the constitutional review authority,the insufficient understanding of the relationship between CPC and the constitutional review and regarding the Constitution norm as the programmatic clause.Finally,it puts forward some countermeasures to the improvement of the constitutional review mechanism in China such as strengthening the status of the constitutional review institutes,expanding the scope of the constitutional review,perfecting the procedure of the constitutional review and enhancing the mechanism of the constitutional interpretation.