试论我国违宪审查主体

On the Subjects of Judicial Review of Constitutionality in China

违宪审查主体的界定是构建违宪审查制度的核心。违宪审查主体、违宪主体、违宪审查程序启动主体三者之间的关系相辅相成,但侧重点各不相同。虽然学界对我国究竟该建立什么样的违宪审查制度争论不休,但违宪审查主体的确立不能脱离一个国家的宪政体制。如何构建适合我国现阶段国情的、具有相对独立地位、较高权威的违宪审查主体制度,是完善我国宪法监督机制,维护宪法权威的关键。

The system of judicial review of constitutionality has become one of the hot topics in recent years. There exists much discussion about this issue in academic community. The defining of the subject of unconstitutional review is the core of establishing this system. The relationships among the subjects of unconstitutional review, of unconstitutional behaviors or activities, and of initiating judicial review of constitutionality both are complementary and have their own distinctions. Despite the different voices in academic world about what kind of unconstitutional review systemshould be established in this country, the establishment of the subjects of unconstitutional review can not be separated from the country＇s Constitutionalism. How to construct, according to the fundamental realities of China at the present stage, a proper system of unconstitutional review subjects which has a comparatively independent as well as higher authoritative position, is the key to perfect our constitutional supervisory mechanism and to protect the constitutional authority.