Research On The Constitutional Review System Of The Constitution And Legal Council

In the fifth constitutional amendment,the constitution and legal council is newly established as a special committee for constitutional review.At the same time,the standing committee of the 13 th National People’s Congress passed a decision on the responsibilities of the constitution and legal council,further clarifying its constitutional review.Relevant responsibilities are stipulated from the macro structure,and there is no practical operational feasibility.The current constitutional review situation is mainly based on the newly formulated "Regulations and Judicial Interpretation Filing and Review Working Methods" as the basis for the specific work of the constitution and legal council.This provision overlaps the functions of the constitution and legal council and the legal affairs committee,causing the constitution and legal council to confuse constitutional review and legality review,and even be absorbed by the legality review function.Therefore,the effective development of China’s constitutional review should distinguish the establishment of constitutional review from the legality review mechanism.It is necessary for the National People’s Congress to formulate special constitutional review standards,working procedures and corrective measures as soon as possible,and have complete procedures to effectively perform the functions of the constitution and the legal council,so as to ensure the legitimacy of the constitution.Order and maintain the authority of the constitution.