透视我国违宪审查制度的缺陷

Perspective on the Defects of the System of Unconstitutional Review

我国现行宪法关于宪法实施监督的规定,表明我国已经建立违宪审查制度。规范意义上,我国的违宪审查制度似乎已经完善,但制度层面上存在一系列的缺陷:违宪审查主体不当,违宪审查权与宪法解释权存在矛盾,审查内容范围狭窄,违宪审查程序缺失,审查结果缺少强制性,违宪审查制度难以实施等。这些缺陷导致整个违宪审查体系未能运作起来,宪法监督基本上流于形式。

Chinese current constitution provides oversight on the implementation of the constitution, and it indicates that China has established the system of unconstitutional review. Seen from the provisions, the system of unconstitutional review in China seems to have been improved; however, in fact the current system still has a number of defects, for example, improper unconstitutional review of the main, the right to unconstitutional review and constitutional interpretation contradict, narrow scope of the content of review, lack of unconstitutional review process, the absence of enforcement ~of review, difficult to implement unconstitutional review system, and so on; and it causes that the whole of unconstitutional review system has never been running, and constitutional supervision is basically a mere formality.