我国规范审查权的构成结构及其运作机制

On the Structure and Operation Mechanism of Chinese State Organs' Norms Review Power

我国多部立法的诸多条款已经规定了纵横交织的规范审查权力。此种权力根植于我国人民代表大会制度和单一制国家结构之上,分属于人大监督权、行政领导权与审判权三个脉络。从其运作机制来看,我国的规范审查权在整体上表现为国家机关相互协调的自组织权力。因私人普遍缺场,其运作效果尚未达到监督国家机关抽象行为、保障公民基本权利的宪法要求。

A network structure and a complicate operation mechanism of Chinese state organs＇ norms review power have been constructed by Chinese current legislation.There are three branches of the power,one is the people＇s congress and its standing committees＇ power which stem from the former＇s legality supervision power,another is central and local governments＇ powers which derive from the governments＇ administration leadership,and the third is Courts＇ power which is one kind of judicial review power.On the survey of their operation mechanism,a conclusion can be reached,that is the powers are exercised as self-organizing power among the state organs to which reconcile their legislation action.Because of the citizens＇ absence of the review,the objectives of the review prescribed by China＇s Constitution are still not achieved,which are maintaining the unification of legal system and protecting basic civil rights.