On The Citizen Suggestion System Of Constitutional Review In Our Country

The citizen suggestion system of the constitutional review in our country is the system construction with the citizen’s right of suggestion as the core,which is essentially to remit the citizen’s power into the system arrangement of the constitutional supervision,that is,the citizen can put forward the review suggestion that the normalizative document of law may contravene the Constitution.At a moment when constitutional supervision has not yet formed formal and effective rule of law practice,it is imperative to promote the review of constitutionality.As a local constitutional review resource,the citizen suggestion system of constitutional review in China is a feasible path choice to promote t&e review of constitutionality,both in terms of institutional basis and institutional ability.First of all,the citizen suggestion system of constitutional review in our country mainly takes the theory of peopled sovereignty and the theoiy of right relief as its legitimacy basis.Citizens can put forward the proposal of constitutional review of normative legal documents,which is of great positive significance for strengthening the implementation and supervision of die Constitution,perfecting the system of citizen supervision and safeguarding the basic rights of citizens.Secondly,the citizen suggestion system of the constitutional review in our country has the constitutional normative basis and the legal standard basis as the support on the normative basis.From the perspective of normative analysis,the basic elements of the citizen suggestion system of constitutional review in China mainly include:the qualification of the subject,the conditions for making recommendations,the scope of the proposed object,the criteria for examination and the consequences of the review,and the basic procedural provisions include:the form of presentation,the processing internal organizations,the time limit for examination and the feedback request.Thirdly,as a local system resource to promote the review of constitutionality,the citizen suggestion system of constitutional review in China,although it contains great energy to promote the review of constitutionality,has some problems of its own,including:the lack of maneuverability of the conditions for making suggestions,the narrow scope of the proposed object,the unclear standard of examination,the consequences of the review are incomplete and procedural provisions are inadequate.Finally,in view of the problems existing in the citizen suggestion system of constitutional review in China,this article tries to put forward the corresponding perfect suggestions in order to arouse the maximum value of the system and effectively promote the review of constitutionality.The improvement suggestions mainly include:refining the conditions for making suggestions,establishing a linkage mechanism with judicial proceedings,broadening the scope of the proposed object,clarifying the criteria for examination,perfecting the effectiveness provisions of the review consequences,and perfecting procedural provisions.