Study On The Initiation Procedure Of Constitutionality Review

Although socialism with Chinese characteristics has entered a new era,ruling the country according to law is still the primary task of China's development at the present stage.Running the country according to the constitution is the basic requirement of running the country according to law.To govern the country according to the constitution is to implement the constitution throughout the national legal system of law enforcement,to govern the country through laws enacted by the Constitution,and to apply the constitution effectively in the process of social development.If the constitutional provisions only remain on the surface and cannot directly and effectively protect rights and obligations,then the authority and supremacy of the constitution will be undermined.In recent years,the development of constitutional work is an important part of the development of China's legal undertakings,and has gradually moved towards standardization and systematic.For example,the report of the 19th National Congress of the Communist Party of China proposed to strengthen constitutional supervision and promote constitutional review.The 2018 Constitutional Amendment changed the original Law Commission to the Constitutional and Legal Committee,highlighting the importance of the Constitution.In the same year,the Standing Committee of the National People's Congress passed a decision on the responsibilities of the Constitutional and Legal Committee,which clearly stipulated that the Constitutional and Legal Committee is responsible for advancing constitutional review and strengthening constitutional supervision.In China,a comprehensive constitutional review process is a prerequisite for the effective implementation of the constitutional review system.The start of the start is the first threshold value of the constitutional review system of constitutional review.Therefore,Procedural constitutional review initiation procedure is of special significance to the improvement of China's constitutional review system.The lack of a constitutional review initiation procedure will result in the constitutional review system not being truly implemented,and The role of the constitutional review system in China's legal system and constitutional rights guarantee function can't display.In this way,the Constitution will be shelved,unable to play the role of the fundamental law of the country,and will not become a guarantee for the rights of citizens.This paper first describes the concept,classification and characteristics of the constitutional review initiation process.Secondly,in combination with the current constitutional and legislative laws and other relevant provisions,a comprehensive analysis of the problems in the initiation of the constitutional initiation process,the initiation of procedures,and the supervision of the constitutional review initiation process.At the same time,the relevant regulations and institutional design initiated by the constitutional review in other countries of the world were also studied.Considering that China has different basic national conditions from other countries,it summarizes the experience of the initiation of the extraterritorial constitutional review process,based on China's political system,historical and cultural background,specific national conditions,economic development and social conditions,and proposes to improve China's constitutional review.The proposal of the procedure,so that the initiation procedure of China's constitutional review can be truly operational,thus ensuring that China's constitutional review system plays its role in safeguarding constitutional rights and safeguarding constitutional authority.