论构建以公民建议为支点的备案审查制度

Establishment of a Filing and Review System with Citizens’Suggestions as the Fulcrum

从人大常委会有关备案审查的工作实践可管窥,目前我国备案审查制度主要存在四大困境:一是客观法统合与公民权利保护存在失衡;二是自我审查强启动与公民建议弱启动之间的矛盾;三是抽象审查与公民建议具体个案相分离;四是溯及力缺失导致公民权利保护实效性存疑。在通过备案审查促进宪法具体化实施的时代新要求下,可以公民建议为启动备案审查工作的支点,通过优化专项及移送审查工作程序、规范提审范围、坚持备审分离以及明晰溯及力等措施,进阶激活备案审查制度。

As can be seen from the filing and review practice in the Standing Committee of the National People’s Congress,there are mainly four predicaments in the current filing and review system in our country.The first is the imbalance between the integration of objective law and the protection of citizens’rights;the second is the contradiction between the strong initiation of self-censorship and the weak initiation of citizens’suggestions;the third is the separation of abstract review from the specific cases of citizens’suggestions;the fourth is the lack of retroactivity leading to doubts about the effectiveness of the protection of citizens’rights.Under the new requirements of the times to promote the concrete implementation of the constitution,the filing and review system can be further activated by having the initiation of filing and review work with citizens’suggestions as the fulcrum,optimizing special items and transferring the review work procedures,regulating the scope of interrogation and trial,insisting on the separation of filing and reviewing,clarifying traceability and further activating the filing and review system.