合宪性审查的制度雏形及其展开

Embryonic Form of Constitutionality Review System and Its Development

合宪性审查是进行宪法监督的法定途径和制度安排,其合理建构和有效推进将不仅可以为宪法学的繁荣提供肥沃的本土资源和巨大的学术空间,而且有助于为当代中国法治建设注入新的生机与活力,并将成为新的法治生长点。以备案审查为基础,通过加强其制度建设和能力建设,构建以公民为起点的审查机制,强化审查的规范性和实效性,积极进行必不可少的实践探索和制度创新,不断推进合法性审查向合宪性审查的纵深发展,不仅是现阶段加强宪法实施和监督的可行路径,也可以为以后此项工作的长足发展积累必要的经验和准备。

Since the constitutional review is considered to be the statutory and systematic arrangements triggering series of supervisions based on the Constitution,the fair constructions and the effective developments of the very review may grant the Chinese-typical resources to the studies of Constitution and enlarge the area of the very studies.Besides,it may do help to activate the progress of the Chinese Constitution on rule of law,thus plays a newly starting point seeding the very spirit.Citizen-oriented legality review mechanism shall be established according to the constructions on its systems and competence based on the process of Filing and Review、improvements of the"normativeness"and effectiveness of the review、necessary practical researches and systematic innovations and the continued pushes from the review of legality to the review of Constitutionality.These issues may constitute the possible path to enforce the implementations and supervisions of constitution,and gather experiences as well as preparations needed by this very issue.