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40 Years of Construction of Constitutional Review Mechanism in China

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文章摘要:,长谷抢先看教科网,有益于涂写卖点。

A review of the process of the development of organs responsible for the supervision over the implementation of the Constitution and the constitutional reviewmechanism in the 36 years since the coming into force of the current Constitution in 1982, the mainstream opinions in the academic circle and the representative and influential cases in the practice shows that the development of the constitutional review system in China has undergone the following four stages: “institutional priority”, “judicial review”, “review of unconstitutionality”, and “review of constitutionality”, each with its own mainstream theories and practices. Only the National People’s Congress and its Standing Committee, which have been empowered by the Constitution tosuperve over the implementation of the Constitution, can perform the institutional function of constitutional review. The task of “strengthening the implementation and supervisionof constitution, advancing the work of constitutional review, and upholding the authority of the Constitution”, put forward by the Communist Party of China at its Nineteenth National Congress, was based on the summarization of the experiences gained and lessons learnt by the National People’s Congress and its Standing Committee in their work of supervision over the implementation of the Constitution.The Amendment to the Constitution of the People’s Republic of China, adopted at the First Session of the Thirteenth National People's Congress on March 11, 2018, changed the Law Committee of the National People’s Congress into Constitution and Law Committee of the National People’s Congress, so as to meet the need of the construction and development of the constitutional review mechanism in China. The newly established committee will play an extremely important role inassisting the National People’s Congress and its Standing Committee to supervise the implementation of the Constitution and to advance the work of constitutional review.