Study On The Constitutional Review Mechanism Of The Constitutional And Legal Council

As an important part of the constitutional supervision system,the constitutional review mechanism is of indispensable significance in the implementation of the Constitution.China’s constitutional review mechanism has made great progress after a long period of development,but in fact it is not mature enough compared with western countries,and the development of the existing constitutional review mechanism is still in a relatively broad institutional framework stage.Some countries in the world have actively promoted the establishment and improvement of a constitutional review system suitable for the national situation in the light of national conditions,and our country has also created a set of constitutional review mechanism with strong Chinese characteristics-constitutional review mechanism of the Constitutional and Legal Commission.With the advance of constitutional examination practice,the constitutional review mechanism established in our country is in line with the national conditions and the constitutional development track at the macro level,but it also reflects some short boards of the review mechanism.For example,the subject of constitutional review in our country is not clear enough,the object of constitutional review is vague,the examination standard is not uniform enough,the mechanism of unconstitutional dispute settlement is not perfect,and so on.This paper is intended to discuss the problems found in order to improve the constitutional review mechanism,make it better play to protect the rights of citizens,restrict the value of public power,combined with the relevant legislation and institutional provisions,the Constitutional and Legal Committee constitutional review mechanism.This paper is divided into five parts,the first part of the constitutional review mechanism at home and abroad to study the current situation and its significance of a brief analysis.The second part introduces the course of the establishment of the constitutional review body in our country,from the exploration of the constitutional review body to the institutional development of the Constitutional and Legal Commission,and analyzes the necessity of the establishment of the Constitutional and Legal Commission.The third part analyzes the institutional characteristics of the constitutional review mechanism of the Constitutional and Legal Commission of our country and the main problems existing,and provides the goal for the perfection of the mechanism.The fourth part,by introducing the main constitutional review mechanism abroad,finds inspiration and ideas for the perfection of our country’s constitutional review mechanism in the comparison of different review modes.The fifth part puts forward some systematic suggestions for the existing problems of the current review mechanism and expounds the thinking of further improvement.