Research On The Starting Procedure Of Passive Constitutional Review In My Country

The report of the 19 th National Congress of the Communist Party of China clearly stated that "And strengthen the implementation of the constitution supervision,to promote the constitutional review,and safeguarding the authority of the constitution," highlights the significance of constitutional review in the construction of the socialist rule of law with Chinese characteristics.Since the promulgation and implementation of the "Legislation Law of the People’s Republic of China" in 2000,China has established a passive review mode for constitutional review,and has formed a review mode that combines active review with passive review in system design.In practice,China’s constitutional review is mainly based on active review,while passive review is basically in a state of vacancy.Article 99 of the Legislation Law of the People’s Republic of China(Amended in 2015)clearly states: The Supreme People’s Procuratorate,and the Standing Committees of the People’s Congresses of provinces,autonomous regions,and municipalities directly under the Central Government may submit requests for review to the National People’s Congress.;Other state organs and social groups,enterprises and institutions,and citizens may submit proposals for review to the Standing Committee of the National People’s Congress." However,the requirements and recommendations for passive review have long been ineffective and have fallen into a "double paradox." First,the lack of clear responsibility orientation of the subjects of the right to review has led to the failure of specific agencies to perform their duties.The five major specific subjects have never filed a review request in the past 20 years.Instead,they rely more on citizens to submit review recommendations to initiate review procedures.Second,there is a contrast between the low requirements for review recommendations and the high requirements for starting the review process,and they are caught in the embarrassing situation of "return without return" and lack of effectiveness.In general,China’s constitutional passive review has not been truly implemented.One important reason is that the passive review was "congenitally inadequate" at the start-up stage.In the specific operation,the initiation procedure of passive review in China facesmany problems such as the request for review,lack of clear responsibilities,narrow review scope,legal,judicial interpretation and other regulatory documents are excluded from the scope of review and lack of review request feedback mechanism.This has hindered the comprehensive deepening of governing the country according to law and the smooth progress of constitutional review.Therefore,the initiation procedure of passive examination should be improved to break the "dual paradox" of the initiation phase;set up necessary initiation requirements and establish case screening procedures;expand the scope of examination and improve the examination request mechanism,etc.,in order to achieve the breakthrough of China’s passive examination and activation.