地方人大常委会在合宪性审查中的作用及其展开

The Function of the Standing Committees of Local People's Congresses in Constitutional Review and Its Implementation

合宪性审查是宪法赋予全国人大常委会的职权,这正是基于全国人大常委会享有宪法解释权,而不具备宪法解释权的地方人大常委会可以在依据不同类型宪法规范开展备案审查时对合宪性审查发挥一定作用。省级人大常委会在根据宪法积极规范实施的备案审查中发挥辅助审查作用,通过考察立法事实来确定被审查规范是否充分执行了宪法意旨,为全国人大常委会开展合宪性审查提供依据;地方各级人大常委会在根据宪法消极规范实施的备案审查中发挥初步审查作用,通过考察被审查规范是否抵触宪法的价值判断,初步筛选出合宪性疑虑后提请全国人大常委会进行合宪性审查。为了保证地方人大常委会在全国人大常委会合宪性审查工作中发挥实效,应当在程序和实质上确立一些审查要件,并为这些审查要件设计配套的审查判断和报告机制。

Constitutional review is the power granted to the Standing Committee of the National People's Congress by the Constitution,which is based on the fact that the Standing Committee of the National People's Congress has the power to interpret the Constitution.The standing committees of the local people's congresses that do not have the power to interpret the Constitution can play a certain function in constitutional review when carrying out the filing review based on different types of constitutional norms.The standing committees of the provincial people's congresses play the function of auxiliary review in the filing review conducted by the active norms of the Constitution,by examining legislative facts to determine whether the reviewed norms have fully implemented the constitutional intent,thus providing a basis for the Standing Committee of the National People's Congress to conduct constitutional review;the standing committees of local people's congresses at all levels play the function of preliminary review in the fling review conducted by the negative norms of the Constitution,by examining whether the reviewed norms confict with the value judgment of the Constitution to preliminarily screen out constitutional doubts,and then submit them to the Standing Committee of the National People's Congress for constitutional review.In order to ensure the effectiveness of standing committees of the local people's congresses in the work of constitutional review of the Standing Committee of the National People's Congress,it is necessary to establish some review elements in both procedural and substantive aspects,and design supporting mechanisms of review judgment and reporting for these review elements.