The Function Of The Court In China' Constitutional Review

The report of the Nineteenth National Congress of the Communist Party of China clearly requires: "Strengthen the implementation and supervision of the Constitution,promote the review of constitutionality,and safeguard the authority of the Constitution." This means that all laws and regulations that violate the Constitution need to establish a mechanism of constitutionality review to To ensure the full and effective implementation of the Constitution and the authority and dignity of the Constitution.After the "Law Committee" was renamed to "Constitution and Law Committee",more scholars focused their attention on this newly established institution,and their understanding and research on the role of courts in the review of constitutionality is relatively lacking.The current filing review as a way to explore constitutionality review is only a way to initiate constitutionality review,so it only highlights that the Supreme People's Court plays the role of starting constitutionality in this existing abstract review in the manner required by the review.The role of review is far from enough.On this basis,it should also be confirmed that the local court can bring the "constitutional doubts" to the Supreme People's Court in the form of specific review,and then initiate the role of constitutional review.In addition to being able to play the role of initiating constitutional review in both abstract review and specific review,the original trial court and the Supreme People's Court also played a double filtering role in the process of specific review submission.Laws and regulations that do not conform to the Constitution are corrected,and eventually they reinforce democracy.