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The Research on Unconstitutional Review System Model in China

Author: ZhangZuo
Tutor: ZhengTianFeng
School: Northwest University for Nationalities
Course: Constitutional and Administrative Law
Keywords: Unconstitutional Review Constitutional Review system Constitutional Supervision Constitutional system Parliamentary supremacy
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 118
Quote: 0
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Abstract


Unconstitutional review is a hot topic in law academic research currently. Although the system has already built in China, this system does not really work. A country has to build the unconstitutional system in order to safeguard the implementation of the constitution and construct a country under the rule of law. Unconstitutional review system is a target for realize a constitution country. To meet the needs of world constitution situation and our country’s enforcement of the constitution, legal workers in China have to perfect unconstitutional system as soon as possible.The establishment of constitutional review system depends on the choice of constitutional review. At present, the world’s constitutional review can be divided into three types: the first is the center of the British Parliament as the representative of the review mode; the second is the U.S. representative of the general court-supervised review mode; third is France, Germany, represented by the specialized agencies supervisory review mode. All of these three types of models have advantages while disadvantages. There still are many deficiencies in the china’s unconstitutional system and unconstitutional supervision system, we need to absorb and learn from the advanced countries’experience of constitutional review. On the basis of these experiences, China should build Chinese characteristics of unconstitutional censorship, that is, congress established at various levels under the constitution supervision committee can wield power together with courts at all levels within the established constitutional court.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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