| Constitutionality review system is an important part of China’s constitutional supervision system.It originated from the filing review system established by the Local Organic Law in 1979.However,in terms of form,the 19 th National Congress of the Communist Party of China made it clear in the form of "constitutional review" for the first time,and established the Constitution and Law Committee of the NPC in the form of constitutional amendment in 2018.The establishment of the constitution and the law committee to scatter originally,multiple levels(multiple review subject,review,review standard,different mode of constitutionality review should be centralized and unified,in order to ensure the unification of the legal system,to guarantee citizens’ basic rights,and therefore is known as the "China’s legal construction to bring revolutionary change".At present,the Constitution and Law Committee of the NPC has made some progress in the constitutional review,but it is still not ideal.The responsibility orientation,implementation process and procedure of the implementation subject still follow the usual way before the 2018 Constitution was amended,and it has not responded to the "constitutional review" in a positive way.For example,in April 2020,the Measures on the Education of the Receiving and Accumulating Persons of Prostitution and Whoring were abolished after the Commission for Legislative Affairs of the NPC Standing Committee initiated the review process at the appeal of many scholars and lawyers,and the NPC Standing Committee made the decision to repeal the Measures.In this case,in fact,constitutional review was being carried out.However,as a specialized subject of constitutional review,"Constitution and Law Committee of the NPC" did not appear in the review process,and in the whole review process and conclusion,there was no mention of "Constitution",let alone such expressions as "unconstitutional".Starting from the basic concepts and principles of constitutional review,this paper discusses what functions and powers the Constitution and Law Committee of the NPC should have when carrying out constitutional review and how to deal with the problem of overlapping with the work of other organs.Through analyzing the predicament of the Constitution and Law Committee of the NPC in promoting constitutional review,Think that the "legislative law","name","National People’s Congress mandated to many sex of laws and regulations such as have not according to the spirit of" deepening the reform of the party and state institutions plan "and the constitution(2018)modified,although the constitutionality of the specialized examination organizations have been set up,but because of the constitution and the law committee of power and responsibility positioning is not clear,The main causes for the implementation of constitutional review are the unclear relationship with the legislative work commission and other working organs and the unestablished review procedure mechanism.In this regard,the author advocates,in the scope of examination,through the amendment of the "Legislation Law" into the law;The establishment of powers and responsibilities of review should be regulated by the Organic Law,and constitutional powers and responsibilities should be allocated and defined in the unified examination of draft laws,the filing and examination of normative documents,and other work of the Constitution and Law Committee of the NPC.In terms of the exercise of their functions and powers,the Legislation Law and Supervision Law were adopted to regulate their status and relationship with the Commission of Legislative Affairs and other working bodies.Improve the special procedural mechanism for constitutional review.To sum up,the author tries to put forward suggestions for the institutionalization and standardization of the constitutional review duty of the Constitution and Law Committee of the NPC from the aspects of organizational norms,power and responsibility norms,and procedure norms. |
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