On China's Constitutional Review dedicated the building
Abstract
The Constitution is the country's fundamental law, rule by constitution is the foundation of rule by law, Developing the function of law should first act in accordance with constitution .We not attach importance to the role of the constitution , you will lose the foundation of nation-building ,and it will be difficult to build up the law’s authority .To want to build up the authority and the highest status of the constitution, while the constitution requires not only a perfect regulation ,and the measures of effective ensured implementation . The system of unconstitutional reviewing is the most powerful one of measures supervising the constitution’s implementation , but up to now China hadn’t builded up a special unconstitutional review body yet . This article summed up the gains and losses of China’s current constitutional supersision system , hoping that reforming China’s constitutional reviewing system on the basis of summing up and learning from foreign advanced model and trying to create effective unconstitutional reviewing organization which is suitable for China’s national condition —the Constitution Court . This thesis has three parts .The first part expounds the current status and inadequate of china’s unconstitutional reviewing model , and cites several representative views of constitutional scholars on the constitution of unconstitutional reviewing body , and further demonstrates the neccessing of building up a special unconstitutional reviewing body. The third part raises my viewpoint on building up unconstitutional reviewing body , that is to say estable constitution court to fulfill the right of unconstitutional reviewing and design the nature, status, composition of constitutional court and so on. Key words: constitutional review, unconstitutional review body, the Constitutional CourtOn China's Constitutional Review dedicated the building Abstract The Constitution is the country's fundamental law, rule by constitution is the foundation of rule by law, Developing the function of law should first act in accordance with constitution .We not attach importance to the role of the constitution , you will lose the foundation of nation-building ,and it will be difficult to build up the law’s authority .To want to build up the authority and the highest status of the constitution, while the constitution requires not only a perfect regulation ,and the measures of effective ensured implementation . The system of unconstitutional reviewing is the most powerful one of measures supervising the constitution’s implementation , but up to now China hadn’t builded up a special unconstitutional review body yet . This article summed up the gains and losses of China’s current constitutional supersision system , hoping that reforming China’s constitutional reviewing system on the basis of summing up and learning from foreign advanced model and trying to create effective unconstitutional reviewing organization which is suitable for China’s national condition —the Constitution Court . This thesis has three parts .The first part expounds the current status and inadequate of china’s unconstitutional reviewing model , and cites several representative views of constitutional scholars on the constitution of unconstitutional reviewing body , and further demonstrates the neccessing of building up a special unconstitutional reviewing body. The third part raises my viewpoint on building up unconstitutional reviewing body , that is to say estable constitution court to fulfill the right of unconstitutional reviewing and design the nature, status, composition of constitutional court and so on. Key words: constitutional review, unconstitutional review body, the Constitutional Court On China's Constitutional Review dedicated the building Abstract The Constitution is the country's fundamental law, rule by constitution is the foundation of rule by law, Developing the function of law should first act in accordance with constitution .We not attach importance to the role of the constitution , you will lose the foundation of nation-building ,and it will be difficult to build up the law’s authority .To want to build up the authority and the highest status of the constitution, while the constitution requires not only a perfect regulation ,and the measures of effective ensured implementation . The system of unconstitutional reviewing is the most powerful one of measures supervising the constitution’s implementation , but up to now China hadn’t builded up a special unconstitutional review body yet . This article summed up the gains and losses of China’s current constitutional supersision system , hoping that reforming China’s constitutional reviewing system on the basis of summing up and learning from foreign advanced model and trying to create effective unconstitutional reviewing organization which is suitable for China’s national condition —the Constitution Court . This thesis has three parts .The first part expounds the current status and inadequate of china’s unconstitutional reviewing model , and cites several representative views of constitutional scholars on the constitution of unconstitutional reviewing body , and further demonstrates the neccessing of building up a special unconstitutional reviewing body. The third part raises my viewpoint on building up unconstitutional reviewing body , that is to say estable constitution court to fulfill the right of unconstitutional reviewing and design the nature, status, composition of constitutional court and so on. Key words: constitutional review, unconstitutional review body, the Constitutional Court
