论《合宪性审查程序法》的制定与起草

On the Formulation and Drafting of the Procedural Law of Constitutional Review

随着我国监督宪法实施专责机构的确立,抓紧起草和制定《合宪性审查程序法》就被迫切地提到国家立法的议事日程上来了,因为一旦确立了宪法实施监督的专责机构,就直接面临着宪法和法律委员会遵循怎样的法定程序进行合宪性审查的问题。构建《合宪性审查程序法》必须遵循坚持中国共产党的核心领导、坚持人民代表大会根本政治制度、坚持宪法至上、坚持程序法定四大基本原则,以及基本法律不予审查原则与党内法规和规范性文件不予审查原则。制定和起草《合宪性审查程序法》之意义在于:第一,加强宪法实施和监督,落实党的十九大精神;第二,维护社会主义法治的统一与尊严;第三,把全面贯彻实施宪法提高到一个新水平,落实十八届三中全会提出的推进法治中国建设的要求。

With the establishment of dedicated institutions to supervise the implementation of the constitution in China, drafting and formulating the Procedural Law of Constitutional Review is urgently brought to the agenda of national legislation because once theese dedicated institutions are established, what follows next is the type of legal procedure for the Constitution and Law Commission to follow in constitutional reviews. To formulate the Procedural Law of Constitutional Review, the four basic principles of the core leadership of the Communist Party of China, the system of People's Congress as the fundamental political system, constitutional supremacy and procedure under law must be adhered to. Meanwhile, the principle that basic laws, the Party laws and regulations and normative documents are not subject to review should be followed. Formulating and drafting the Procedural Law of Constitutional Review are significant in the following three aspects. Firstly, the constitutional implementation and supervision can be strengthened and the spirit of the 19th National Congress of the Communist Party of China can be put into practice. Secondly, the unity and the dignity of the socialist rule of law can be maintained. Thirdly, the comprehensive implementation of constitution can be uplifted to a higher level and the requirement to advance the rule of law in China set forth in the Third Plenary Session of the 18th Central Committee of the Chinese Communist Party can also be carried out.