Innovation Economics and Management Research (IEMR)

Publisher:ISCCAC

The Changes of Constitutional Review in China
Authors

Juan Qiao

Corresponding Author

Juan Qiao

Publishing Date

31 Oct. 2022

Keywords

Constitutional supervision, Constitutional review, Compound constitutional review system.

Abstract

According to the report of the 19th National Congress of the Communist Party of China, it is required to "strengthen the implementation and supervision of the Constitution, and promote the constitutional review", and the concept of "constitutional review" is introduced for the first time. Worldwide, this system is an important arrangement in the constitutional guarantee system. China started late in this regard. It is generally believed that the construction of China's constitutional review system with modern significance began with the 1982 Constitution, but in fact, the germ of this system appeared in the "Organic Law of the Central People's Government" adopted by the Plenary Session of the Chinese People's Political Consultative Conference in 1949. With more than 70 years of ups and downs in the People's Republic of China, China's constitutional review has been improving day by day, but the current situation is not satisfactory. While promoting active review, it is suggested to establish a compound constitutional review system of "standing committee of the National People's Congress + court", and adopt a bottom-up path from administrative litigation to constitutional review to promote the development of constitutional review system in China.

Copyright

© 2022, the Authors. Published by ISCCAC

Open Access

This is an open access article distributed under the CC BY-NC license