On Judicial Review of Unconstitutional Norms of the People's Congress System

To establish the democratic political system, protect the realization of civil rights, set up the constitutional supreme authority, bring the inner functions of judicial rights into full play and overcome the defects of unconstitutional review system of the legislative body, China should introduce the judicial review system of unconstitutional norms with reference to practices of other countries. Since 1982, the judicial review of constitutionality has being refused in China for the reason that it is conflicts with the system of People's Congress. In fact, the system of people's congress is compatible with the system of judicial review of constitutionality. Taken all kinds of factors into account, it is better for China to adopt a system of constitutionality review in which constitution court and regular court jointly assume the duty of judicial review of unconstitutional norms.