On The Principle Of Proportionality Of "Call Check" Clause From The Perspective Of Constitutional Review

From the perspective of constitutional review,this paper analyzes the function of abstract review mode and specific review mode,and makes abstract review on Article 76 of Gansu Province road traffic safety regulations.In terms of legality,in terms of the treatment of traffic accidents in the upper and lower laws,Article 76 in Chapter VI of Gansu Province’s road traffic safety regulations is inconsistent with Article 72 in Chapter V of Gansu Province’s road traffic law,and article 76 of Gansu Province’s road traffic safety regulations lacks the basis of upper law;in terms of constitutionality,Gansu Province’s Road Article 76 of the traffic safety regulations violates the freedom and privacy of communication stipulated in Article 40 of the constitution,which does not conform to the statutory inspection reasons stipulated in Article40 of the constitution.This paper analyzes the process of constitutional review from its mode,practical defects and effectiveness,and concludes the characteristics of concrete review and abstract review.In the abstract review mode,the author reviews article 76 of the regulations of Gansu Province on road traffic safety,and analyzes that the legal interest involved in this article is public road traffic safety order and citizens’ communication rights.At the same time,the article 40 of the constitution is interpreted: the content of Article 76 of the regulations on road traffic safety of Gansu province belongs to the scope of legal interests protected by Article 40 of the constitution,and the measures taken by the traffic police are not in line with the conditions of limiting the basic rights of citizens in the public interest.According to the method of measuring legal interest,the author makes a constitutional judgment under the theory of "balance of legal interest" : Article 76 of Gansu Province road traffic safety regulations violates Article 40 of the constitution.The most important thing in the review process is the benchmark of the measurement of legal interest-the principle of proportionality.This paper analyzes the characteristics of the three sub principles of proportionality principle.Each sub principle protects different legal interests,and obtains the possible remedies for special legal interests such as "basic rights".Based on the retrieval of the third-order segment principle in Article 76 of the regulations of Gansu Province on road traffic safety,this paper demonstrates that it does not conform to the three sub principles of the principle of proportion,so as to draw a conclusion that it is unconstitutional.