Research On The Constitutional Review In Recording Review

Under the background of strengthening the implementation and supervision of the Constitution,the record review has become an important institutional carrier of constitutional review,and its system design and operation practice are important entry points of the theoretical and practical research of constitutional review.As far as the relationship between constitutional review and record review,the former is integrated into the latter in a "embedded" form,and they are partially isomorphic and cannot be confused.From the standpoint of record review,the constitutional review is only one of the contents of it,and from the perspective of constitutional review,the record review is only one of the institutional carriers of it.While at present,it is of great significance to establish and improve the system and mechanism of the constitutional review relying on the record review.It is theoretically possible and necessary and has been being promoted gradually in practice.In the practice of record review of the Standing Committee of the National People’s Congress,the work of constitutional review which is shown mainly depending on the work report of record review presents the characteristics of the review method being mainly passive review,the objects of review having diversity,constitutional review and legality review being carried out in parallel,constitutional review being replaced by appropriateness review,the review judgement showing a trend of changing from implicit to manifest,the review correction being taken a non-confrontational approach and so on.But at the same time,the relevant cases of constitutional review also expose the main problems of constitutional review in recording review which include insufficient starting power,vague scope of review objects,confusion between constitutional review and legality review and appropriateness review,inadequate review argument,limited practical effect of the review result and lacking of openness.Aiming at these problems,it’s necessary to pointedly explore and construct optimized paths of the constitutional review in recording review from the aspects of improving the starting mechanism for constitutional review,expurgating and perfecting the object scope of constitutional review,clarifying the relationships between constitutional review and legality review and appropriateness review,strengthening the argument of constitutional review and the actual effect of the result of constitutional review,promoting the disclosure of information of constitutional review and so forth.