| The 20 th National Congress of the Communist Party of China continues to promote the implementation and supervision of the Constitution,corresponding to the 2023 revision of the Legislative Law of the People’s Republic of China also revised and improved the relevant provisions involving constitutionality review,which means that China’s constitutionality review work will enter a new stage of improving quality and efficiency.However,it can be observed from the annual work report on archival examination from 2017 to 2022 that the right to request examination has not been activated.However,as a natural screening and filtering mechanism,a standardized study on the exercise of the right of review is helpful to promote the efficient development of the work of constitutional review.Therefore,this paper will focus on how to perfect the exercise mechanism of the constitutional examination claim.In addition to the introduction and conclusion,the text of this paper is divided into the following four parts:The first part discusses the basic theory of the exercise mechanism of the constitutionality review claim.In order to give full play to the advantages that the right of review request can directly initiate the constitutionality review procedure,in the face of the soaring risk of unconstitutional local regulations in cities with districts,the spiritual core of legislation is to improve the quality of legislation,and the starting way is too dependent on the channels of review and suggestion,the principle of requirement doctrine,the principle of review and restraint and the principle of auxiliary participation should be adhered to.It provides theoretical guidance for perfecting the mechanism of exercising the claim right of constitutionality review.The second part analyzes the problems existing in the exercise mechanism of the constitutionality review claim.It is found that there are several problems in the actual operation of the constitutionality examination claim,such as insufficient motivation of the starting subject,fuzzy examination and filtering standards,unclear scope of screening objects and imperfect request procedures.The third part studies the extraterritorial experience of the mechanism of exercising the right of constitutionality review.Germany and France limit the subject of initiation to the litigant of the case and allow local institutions to participate in the constitutionality review procedure,which can provide experience for the connection between the filing procedure and the litigation procedure in the exercise mechanism of the constitutionality review claim.Secondly,the structure of German two-stage initiation procedure and French constitutionality prerequisite question procedure can provide experience and reference for the perfection of our review request request procedure.Finally,the filter standards of Germany and France can provide reference for the establishment of filter standards in our review mechanism.The fourth part puts forward some suggestions on how to perfect the mechanism of exercising the claim right of constitutionality review.Through the systematic analysis of the above contents,this paper puts forward suggestions from the following four aspects:stimulate the main impetus;Establish filtering criteria for novelty,priority of legality examination and explicit interpretation of the possibility of unconstitutional;To determine the screening scope of laws,intra-party regulations and normative documents that should not be examined;And to improve the exercise mechanism of the constitutionality of the right of review by allowing the organs under the jurisdiction to participate in an orderly manner,promoting the connection between the filing procedure and the litigation procedure and standardizing the filing procedure of the right of review. |
