Research on the Problems and Countermeasures in the Review of Constitutionality about Normative Documents in China
Abstract
There are still some problems hindering the development of the "constitutionality review" system. First, whether the objects of the constitutionality review include laws enacted by the National People's Congress and its Standing Committee (NPCSC);Second, when reviewing normative documents, legality review is often superior to constitutionality review. Third, the single use of "Internal communication mode" to deal with the consequences of constitutional review will hinder the implementation of constitutional responsibility. In view of the above problems, the analysis and countermeasures should be suggested:first, the laws enacted by the NPCSC are not within the scope of constitutional review and must be cleared; Secondly, the establishment of the standard of "constitutionality review" is helpful to make the constitutionality review superior to the legality review in specific cases.[1] Finally, reference constitutional cases should be developed to help review authorities strictly enforce unconstitutional responsibilities, rather than just using "internal communication models".References
[1] Xi Jinping: Securing a Decisive Victory in Building a Moderately Prosperous Society in All Respects and Striving for the Great Victory of Socialism with Chinese Characteristics for a New Era -- Report delivered to the 19th National Congress of the Communist Party of China
(October 18, 2017), People's Publishing House, 2017, p38.
[2] Li Qirui. Jurisprudence [M] second edition. Beijing, China university of political science and law press, 2011, p127.
[3] Li Zhongxia. The Path and function of constitutionality review system in China [J]. Chinese Journal of Law, 2019, 41(06): p3-17.
[4] Ma Ling. Constitutionality Review system in China and Its Cultural Review [J]. Law Science Magazine, 2021, 42(05): p1-12.
[5] Hu Jinguang. Some issues on perfecting the Constitutionality Review mechanism in China [J]. People's Tribune, 2019(31): p34-36.
[6] Zhai Guoqiang. The dual functions of the constitutionality review system in China [J]. Law Science Magazine, 2021, 42(05): p13-22.
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