论中国违宪审查的制度构建

Treatise on Establishing the System of Unconstitutional Review in China

宪法监督制度的设立及其实现是树立宪法权威的重要保障,也是衡量一个国家法治状况的主要依据,如果没有该项制度或该项制度不健全,就不可能建立起现代法治国家。而违宪审查制度又恰是宪法监督制度的一个重要组成部分。我国的违宪审查制度是一种非司法化、非专门化的监督制度,它符合我国的政治体制,植根于我国的现实国情,但在现实运作中存在着不少的弊端,不能充分、有效地保障宪法的实施。因而,我国应在借鉴他国经验的基础上,重新构建新的既符合现代宪政要求,又满足于现实国情的,专门化的违宪审查制度。

To establish and realize the system of constitutional supervision, which is the important guarantee to establish the authority of the constitution, is the measure of the situation of the role of law in a country. If the system does not exist or is not sound, it is impossible to establish the modern countries under the rule of law. And the system of unconstitutional review is an important part of it. The system of unconstitutional review is not a juridical and special supervision in our country, which conforms to China＇s political system and roots China＇s reality. However, it has many disadvantages in practice that cannot adequatdy effectively guarantee the implemenetation of the constitution. On the basis of using for reference to the experiences of the other countries, new special system of unconstitutional review should be rebuilt in China, which coincides with modem constitutional requirement and contacts with the reality of our country.