论我国合宪性审查制度的建构

The Constraints of the Construction of the System of Constitutional Review in China

宪法是争夺、分配和行使政治权力的规则。建构有效的合宪性审查制度,需要政治的民主化、经济的市场化、人民的公民观、宪法的法律化等条件。民主化水平不高、市场经济不完善、公民权利意识缺失和宪法自我防护机制的内在不足导致了我国宪法监督制度的缺位。完善我国合宪性审查制度,需要优化政治结构、设立专门机构、推动多元力量的发展、培育公民精神、完善宪法和配套的法律、推动宪政转轨。

The constitution is the result of the political struggle and the rule of seizing, distributing and exercising political power. The construction of the system of constitutional review is based on the democratization of the political life,the marketization of the economy,the realization of the civil rights,the application of the constitution, and so forth. The lack of the high- level democratization, the well -developed market economy, the full realization of the civil rights and the self - protective mechanisms leads to the nonfeasance of constitutional supervision system in China. In order to perfect the constitutional review system of China,the political structure should be optimized ,a specialized body should be set up, the interests of various social strata should be balanced, the awareness of civil rights should be aroused, the constitution and relevant laws should be improved and the transformation of the constitutionalism should be propelled.