公民启动违宪审查的法律困境与制度完善

On the Legal Predicament and System Perfection of the Unconstitutional Review Initiated by Citizens

我国公民启动违宪审查的法律依据是《立法法》。《立法法》是在理顺法律规范文件间关系时引申出违宪审查问题的,具有一定的局限性,尤其是全国人大常委会的违宪审查权不能实际发挥作用。《立法法》中公民启动的违宪审查是全国人大常委会的违宪审查权,公民启动违宪审查缺少具体的操作程序设计,由此导致《立法法》中"公民启动违宪审查"的虚置。所以,必须从制度的高度重新设计并推动公民启动违宪审查的落实。

The unconstitutional review initiated by citizens is subject to the Law on Legislation, in which the unconstitutional review arises from coordinating relations among different documents of legal norms. Such review has some limitations since the Standing Committee of National People＇ s Congress doesn＇ t function effectively. The unconstitutional review initiated by citizens stipulated in the Law on Legislation is actually the right exercised by the Standing Committee. Due to the lack of specific operation procedure, the unconstitutional review initiated by citizens has little effect and thus the system should be redesigned to guarantee its actual implementation.