- 健全宪法实施监督机制研究报告
- 李林 翟国强
- 194字
- 2021-03-25 19:08:14
Abstract:Judicial review of constitutionality is not regarded as the basic method to enforce the Constitution in China,which is different from the western countries.According to the Constitution,the Standing Committee of the National People's Congresshas the authority to interpret the constitution and review the constitutionality of the legal system.But there is no effective constitutional interpretation or constitutional decision made by the authority.In China,the Constitution mainly plays as a political guide or declaration and is enforced by political method instead of legal method.But in order to build the rule of law,the constitution is also enforced as legal norm in recent thirty years.
This report analyzes the operating mechanism of the constitutional enforcement and constitutional review system in China.From the perspective of comparative law,the implementation of the mechanism of constitutional review in China should not copy the experience in west countries and the relevant departments and state organs should be comprehensively integrated to advance the supervision of the constitutional enforcement.This report alsosuggeststhe establishment of the Constitutional Council mechanism inside the NPC system.
Key words:Constitutional Enforcement,Constitutional Review,Constitutional Council,NPC system