Research On The Problems Of Constitutional Review In China

As an important manner and the core of constitutional supervision system,constitutional review is called the weapon of Constitution,it makes sense for keeping constitution order and protecting fundamental rights of citizens.On the one hand,constitutional review was an old topic in China,relevant theoretical research has been developing for many years,and some relevant regulations of Constitution and Legislative Law have laid a degree of foundation of it.On the other hand,constitutional review is also a new topic in China,it was built as a formal institution just three years ago.At this stage,there are not only some useful existing mechanisms,but also some defects that need to be perfected and fuzzy areas that need to be clarified.This thesis is on the basis of China's actual conditions and existing regulations,using the experience of other countries for reference,investigating the implementation status of constitutional review,analyzing the problems and causes among theory and practice of constitutional review,and then proposing viable suggestions to perfect the system based on these dilemmas in order to build up a regular,systematic and efficient system of constitutional review.To be more specific,this thesis is divided into three parts.The first part is an overview of foundation of the institution.Firstly,illustrate the concept,development process and functions of constitutional review in China to lay a foundation of raising questions.The second part is on the basis of the research of China's status quo and the experience of foreign countries,mainly focusing on the review subject,the review system of laws and rules,the preventative review system of rogations,the review system of concrete cases and the system of review results announcement.The last part is the analysis of these problems,and then proposing related suggestions with the functions of Constitution and Law Council and the principle of Law priority.