论宪法和法律委员会双重合宪秩序维护之责——兼议法律案审查与法规备案审查之差异

On double duties of safeguarding constitutional order of constitution and law committee——On discussing the difference between draft law review and record review

作为权力机关的组成部分,宪法和法律委员会一身二任,既负责立法过程中法律草案的合宪性审查,亦负责事后规范性文件的合宪性审查。虽然二者都属于宪法监督和宪法实施,但一者为事前,一者为事后,且二者在理论基础、审查对象、审查程序、审查标准、审查效力、审查目的方面具有本质上的差异,不容混淆。同时,宪法和法律委员会对规范性文件的合宪性审查不同于立法监督,审查对象应包括法律。

As a part of authority organ,Constitution and Law Committee is one body with two responsibilities,which is not only responsible for reviewing the constitutionality of draft law in legislative process,but also has the power to record review the constitutionality of regulatory documents.Although both belong to constitutional supervision and constitutional enforcement,one is in prior and the other is in post.These two things have radical difference in theories foundation,review object,review procedure,review test,review effect as well as review end,which does not allow to confuse each other.Meanwhile,Constitution and Law Committee reviewing constitutionality of regulatory documents is different from legislative supervision and the object to be reviewed should include law.