2000•Journal of Nanjing Normal UniversityRequires access

On Perfection of Constitutional Supervision System in China

Gao Lin

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Abstract

There are obvious defects in the existing constitutional supervision system.The lack of a special agency for constitutional supervision and weak unconstitutionality review present serious problems.At present,there are three kinds of constitutional supervision models in the world,namely,supervision from parliament or from power organ,supervision from common court and supervision from a special agency.Based on China's current situations,we should summarize and borrow the advanced legislation model and experience from abroad and establish the special constitutional supervision organ--the independent constitutional committee.In this way can we examine and rectify unconstitutional action effectively,make the constitutional operating system more perfect,and thus fulfil the role of constitution as the basic law of China.

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There are obvious defects in the existing constitutional supervision system.The lack of a special agency for constitutional supervision and weak unconstitutionality review present serious problems.At present,there are three kinds of constitutional supervision models in the world,namely,supervision from parliament or from power organ,supervision from common court and supervision from a special agency.Based on China's current situations,we should summarize and borrow the advanced legislation model and experience from abroad and establish the special constitutional supervision organ--the independent constitutional committee.In this way can we examine and rectify unconstitutional action effectively,make the constitutional operating system more perfect,and thus fulfil the role of constitution as the basic law of China.

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Available abstract

There are obvious defects in the existing constitutional supervision system.The lack of a special agency for constitutional supervision and weak unconstitutionality review present serious problems.At present,there are three kinds of constitutional supervision models in the world,namely,supervision from parliament or from power organ,supervision from common court and supervision from a special agency.Based on China's current situations,we should summarize and borrow the advanced legislation model and experience from abroad and establish the special constitutional supervision organ--the independent constitutional committee.In this way can we examine and rectify unconstitutional action effectively,make the constitutional operating system more perfect,and thus fulfil the role of constitution as the basic law of China.

Key concepts: Parliament, Constitution, Legislation, Perfection, Agency (philosophy), China, Constitutional review, Constitutional court

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