What are the three principles of unconstitutional review in the world? Which one does China take?

1. The basic way of implementing the guarantee of the Constitution.

1) Pre-examination and post-examination

Prior review is before the normative document has been promulgated and implemented, by the competent authority.

Constitutionality is reviewed, and unconstitutional documents are either amended or revoked.

Ex-post review refers to the promulgation of a normative document by the relevant subject after its constitutionality.

In doubt, the competent authority shall review its constitutionality and revoke the unconstitutional normative documents.

In order to better protect the constitutionality of normative documents, some countries use both, for example, China's constitution provides for a combination of prior review (such as the approval system for normative documents that can only take effect after approval) and post-examination (such as the filing system for local regulations that take effect without the approval of the National People's Congress).

2) Collateral review and constitutional complaints.

Incidental review refers to the activities in which the parties or judicial organs question the constitutionality of the normative documents involved in the case in the course of hearing a specific case, and the competent state organs review the constitutionality and make a ruling. Incidental review is mostly used in a system in which the judiciary guarantees the implementation of the Constitution. It is characterized by the "incidental" nature of the review of normative documents, that is, only the normative documents involved in specific cases can be reviewed, and the constitutionality of normative documents cannot be directly examined apart from the case.

A constitutional complaint is a complaint filed by a citizen with the Constitutional Court or other body when his or her constitutional rights have been violated, requesting that the constitutionality of the act in question be reviewed in order to protect his or her constitutional rights. Constitutional complaints by citizens should generally be used only when all other remedies have been exhausted and effective remedies have not been obtained.

2. From the perspective of the way in which the Constitution implements safeguards, China adopts a combination of prior and ex post trial. For example, autonomous regulations and special regulations formulated by the people's congress of an autonomous region must be submitted to the Standing Committee of the National People's Congress for approval before they take effect, and autonomous regulations and special regulations of autonomous prefectures and autonomous counties shall take effect after they are submitted to the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government for approval. Another example is the Legislation Law, which stipulates that local regulations formulated by the people's congresses and their standing committees of larger cities in accordance with the law must be submitted to the standing committees of the people's congresses of provinces and autonomous regions for approval before they come into force.

Ex-post review mainly refers to the fact that the NPC has the power to change or revoke inappropriate decisions of the NPC Standing Committee; The Standing Committee of the National People's Congress has the power to revoke administrative regulations, administrative rules, decisions and orders formulated by the National People's Congress that contravene the Constitution and laws, and has the power to revoke local regulations and resolutions formulated by the state power organs of provinces, autonomous regions and municipalities directly under the Central Government that contradict the Constitution, laws and administrative regulations; Local people's congresses at all levels have the right to revoke inappropriate decisions of the standing committees and inappropriate decisions and orders of the people at their own level, and the standing committees of local people's congresses at all levels have the right to revoke inappropriate resolutions of the people's congresses and their standing committees at the next level and revoke inappropriate decisions and orders of the people at their own levels.

In order to supervise and ensure the implementation of the Constitution, it is necessary to establish a corresponding system for reviewing unconstitutionality, and this has become the consensus of China's theory and practice. However, the reasons for the failure to establish such a basic constitutional system, which has been constantly called for by the theoretical community and urgently needed in practice, are very complex, and this article only analyzes the main obstacles to the establishment of this system from the legal perspective.

1. The subject of unconstitutional review is vague and unclear, and the unconstitutional review body has not been actually established so far, 2. The constitution lacks applicability, and the unconstitutional review has lost its foundation.

3. The application of law is separated from the Constitution and legal interpretation, resulting in the void of the power of constitutional review 4. There is a lack of corresponding initiation mechanism for constitutional supervision, and constitutional review cannot be actually raised. Therefore, in practice, even if an unconstitutional case is discovered or a constitutional dispute occurs, the lack of corresponding initiation procedures makes it impossible for these disputes to actually enter the stage of unconstitutional review or even to settle them.

The above-mentioned legal obstacles show that China's constitutional supervision is still stuck in the provisions of the Constitution, and there is still a considerable distance from institutionalization, the so-called unconstitutional review is far from entering the actual operational stage, and the establishment of China's constitutional supervision system and unconstitutional review system has a long way to go.

1. There is no principle of review if there is no lawsuit.

2. The principle of presumption of the constitutionality of law.

3. The principle of combining procedural review with substantive review.

The principle of review established in our current constitution is the principle of "inappropriateness" and the principle of "contradiction". Supplementary Answer: 1. There is no principle of review if there is no lawsuit.

The principle of "no prosecution, no review" is a specific manifestation of the judicial principle of "no prosecution and no reason" in the system of unconstitutional review. According to this principle, constitutional adjudication organs cannot take the initiative to hear constitutional cases, resolve constitutional disputes, and sanction unconstitutional acts.

2. The principle of presumption of the constitutionality of law.

The principle of presumption of the constitutionality of a law means that once a law is enacted, promulgated and implemented through the legislative process, it has constitutional certainty, and even if there is any doubt about it, it should be presumed to be in accordance with the Constitution, and all state organs, social organizations, enterprises, public institutions, and citizens should abide by it.

3. The principle of combining procedural review with substantive review.

Depending on their nature, constitutional norms can be divided into procedural norms and substantive norms, and correspondingly, unconstitutional acts can also be divided into two categories, namely procedural unconstitutional acts and substantive unconstitutional acts. When conducting constitutional review and resolving constitutional disputes, constitutional adjudication organs should consider both the supervised subject's compliance with and implementation of the procedural norms of the Constitution and the supervised subject's compliance with and implementation of the substantive norms of the Constitution.

All right..

Constitutional review is a particularly important system, and it is also a form of constitutional oversight.

Constitutional review refers to a system whereby specific organs review and deal with the constitutionality of normative documents such as laws, regulations, and administrative orders, as well as the conduct of specific subjects, in accordance with certain procedures and methods. Its role is to ensure the implementation of the Constitution, safeguard the authority of the Constitution, and protect the rights and freedoms of citizens. Most countries in the world have established systems of unconstitutional review.

Do a good job of constitutional review and record review.

According to the work report of the Standing Committee of the National People's Congress, in the past year, the Standing Committee of the National People's Congress has done a good job in constitutional review and filing review, focusing on epidemic prevention and control, wildlife protection, implementation of the Civil Code, food and drug safety, and optimization of the business environment.

Refer to the above content: Encyclopedia - Constitutional Review.

The above content refers to: Ministry of Justice - Do a good job of constitutional review and record review.

Categories: Social Livelihood >> Law.

Analysis: The form of unconstitutional review is also called the form of unconstitutional review. There are different divisions from different angles. There are four common ones:

First, prior review. Prior review is also a kind of preventive review, which is a general review conducted by a specific authority before a law, regulation or other legal document takes effect, or before the act is implemented.

Second, post-mortem review. Prior review is also a kind of punitive review, which is a specific review by a specific authority after a law, regulation or other legal document has taken effect, or after the act has not been carried out.

Third, incidental review. Incidental trial is also a kind of post-facto review, which mainly refers to the fact that the court has omitted things in the course of hearing a specific case, and the parties raise the issue of unconstitutionality of the laws and regulations applicable to the case, and the court reviews whether the laws and regulations are unconstitutional.

Fourth, constitutional complaints. Constitutional complaints are also post-mortem review, and are a way for citizens to lodge complaints against the Constitution about violations of the fundamental rights guaranteed by the Constitution. A constitutional complaint is a specific review that arises from an application by a particular citizen.

Upstairs is talking about the model of constitutional review.

There is no written system of constitutional review in our country.

Hello, judging from the provisions of the Constitution and the "Legislation Law", Article 67 of the Constitution and Article 88 of the "Legislation Law" correspondingly stipulate the system of unconstitutional review in an incomplete sense.

According to the provisions of the Constitution, the Standing Committee of the National People's Congress has the right to interpret the Constitution and supervise the implementation of the Constitution, and has the right to revoke administrative regulations, decisions and orders formulated by various ministries and commissions that contradict the Constitution and laws.

At present, there are three main models of constitutional review systems in various countries around the world:

The first is that the legislature exercises the power of constitutional review, such as the United Kingdom.

The second is that ordinary courts exercise the power of constitutional review by accepting lawsuits from citizens, and the typical representative is the United States.

Third, the power of constitutional review is exercised by specialized organs, such as the Constitutional Council of France and the Constitutional Courts of Germany, Russia, and other countries.

I want to sue four people. They want to be married to me.

Guarantee the implementation of the Constitution, safeguard the authority of the Constitution, and protect the rights and freedoms of citizens.

Constitutional supervisory organs on normative documents.

After a review of the constitutionality, a conclusion is made as to whether it is unconstitutional. Such conclusions are generally mandatory, and normative documents declared unconstitutional will lose their legal effect, in whole or in part. In China, administrative regulations that have been revoked by the Standing Committee of the National People's Congress for being unconstitutional.

and local regulations, as well as autonomous regulations and special regulations that have not been approved by the Standing Committee of the National People's Congress, have no legal effect.

Constitutional oversight. Constitutional review, also known as constitutional supervision, refers to a system whereby specific organs review and deal with the constitutionality of normative documents such as laws, regulations, and administrative orders and the actions of specific subjects in accordance with certain procedures and methods. Its role is to ensure the implementation of the Constitution, safeguard the authority of the Constitution, and protect the rights and freedoms of citizens.

Most countries in the world have established systems of unconstitutional review. Bury.

On November 4, 2014, the Decision of the Fourth Plenary Session of the Central Committee of the Communist Party of China proposed to improve the socialist legal system with Chinese characteristics with the Constitution as the core and strengthen the implementation of the Constitution. Experts pointed out that any part of the legal system that violates the spirit of the Constitution should be amended or repealed.

At the same time, it is necessary to strengthen the mechanism for correcting unconstitutionality and prohibit the formulation of red-headed documents with a legislative nature in the source and hidden localities.