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There is no real system of unconstitutional review in our country, and this is all stipulated in the Constitution. The National People's Congress and its Standing Committee have the power to oversee the implementation of the Constitution, but they have never really reviewed it.
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China's current Constitution has institutional provisions on unconstitutionality, but it is not clear how to review it. Who will review? What kind of procedures are there?
There is no dedicated Constitutional Court. The National People's Congress and its Standing Committee have the power to supervise the implementation of the Constitution, but they have never really examined whether laws, regulations, or regulations are unconstitutional. This may be a research direction in the field of law, but it is difficult to say whether there is a way out.
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On October 28, 2014, the "Decision of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law" was released. The decision demands that the people of all ethnic groups throughout the country, all state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must take the Constitution as the fundamental norm for their activities, and have the duty to safeguard the dignity of the Constitution and ensure its implementation. All acts that violate the Constitution must be investigated and corrected.
Unconstitutional 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, as well as 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.
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Legal analysis: The main body of constitutional review in China is the National People's Congress and its committees, and the Constitution stipulates that the Standing Committee of the National People's Congress has the right to revoke administrative regulations, local regulations and other normative documents that conflict with the Constitution.
Legal basis: Selling tombs "Constitution of the People's Republic of China" Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers:
1) Interpreting the Constitution and supervising its implementation;
2) To enact and revise laws other than those that shall be enacted by the National People's Congress;
3) When the National People's Congress is not in session, partially supplement or revise laws enacted by the National People's Congress, provided that they do not contradict the basic principles of that law;
4) Interpreting the law;
5) When the National People's Congress is not in session, to examine and approve some of the adjustment plans that must be made in the implementation of the national economic and social development plan and the state budget;
6) Supervise the work of the Central Military Commission, the State Supervision Commission, the Supreme People's Court and the Supreme People's Procuratorate;
7) Revoke administrative regulations, decisions and orders formulated by *** that contradict the Constitution and laws;
8) 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.
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Legal Analysis: Same. Initially, it was a legality review, and later it was changed to a constitutionality review.
Unconstitutional 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 hail procedures and methods.
Legal basis: Article 3 of the Criminal Law of the People's Republic of China: Where the law expressly provides that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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Same. of our country. What is the constitutional posture of censorship? It is an important aspect of the constitutional supervision and supervision system that is an important aspect of the constitutional supervision system under the schedule plan of the state power organs of our country, and the national people's congress and the national people's permanent system are all part of the people.
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Answer: Examination and inspection.
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