Constructing China's independent constitutional knowledge system must have a knowledge production mechanism based on local,can avoid the "dependence accumulation" of the production process of constitutional learning。China's Constitution Implementation and Mechanism of the Constitution、Method,It is difficult to adopt a constitutional ruling mode with the core case treatment,And must adhere to the status of the People's Congress as the hub of the power organs。How to surround the people's congress system and the system of thick planting system、Observation practical logic,is the key to the construction of China's constitutional studies。
From this perspective, The "Decision of the Standing Committee of the National People's Congress on the Standing Committee of the National People's Congress on improving and strengthening the filing review system" (hereinafter referred to as "Decision"), which was issued on December 29, 2023, has important Chinese constitutional knowledge。"Decision" comprehensively carried out the Chinese filing review system and practice since 2017、Integration of the system,Outline of the institutional gene to describe the deep implication of Chinese filing review,It contains the theoretical logic and practical logic of Chinese constitutional knowledge,provides knowledge clues for more specific knowledge propositions and systemicization of judgment。
First,"Decision" implies the theoretical foundation of the "National Principles of the rule of law" in the Chinese Constitution。Although the constitutional provisions of "the country's unity and dignity of socialist legal system",It is similar to the principle of unity of legal order established by many countries,But the principle of "unification of the rule of law" in bet365 best casino games China has two characteristics that need to be followed。
First, what we have established is "Pasting the source of effectiveness、Unified effect on the level of effectiveness ": China not only exists a" legal system "with a diverse source of effectiveness,From the Constitution、Law、Regulations to regulations,It constitutes multiple layers、Multi -field effectiveness pyramid system,and there is still a more complicated "legal norm system",cover a large number of specifications outside the legal system,If the Supervision Regulations、The judicial interpretation formed by the Supreme People's Court and the Supreme People's Procuratorate in specific laws。Supervision regulations often exist in conversion with intra -party regulations、Collaborative,It reflects the characteristics of the unity of governing the country according to the law and the rule of the party; the judicial interpretation of the two highs often play the legal loophole、The substantial role of the development of the law。,We still exist in a complete party regulations,also an important part of the socialist rule of law system with the "legal norm system"。This is not the same as the constitutional principles that highlight the "reunification of the sources of effectiveness" in many Western countries。
Second, the principle of the unity of the rule of law in China must always face the governance wisdom of "principles and elasticity" that must be possessed by large -scale national governance。This is also the fundamental reason for the Chinese Constitution and the Legislative Law to recognize the "Valic Source" pattern。China as a single system,Adhering to the unified governance gene,But the national structure shaped by the Chinese Constitution far exceeds the form of imagination of the theory of the Western Single National State theory。So,We must be in the principle of democratic centralized system、Autonomous System of Ethnic Region、Special Administrative Region System and other bet365 Play online games arrangements,Allow the regulations of the Special Economic Zone、Pudong New District Regulations、Specifications formed by pilot or authorized legislation decision of Hainan Free Trade Port Regulations,Pay attention to the autonomy regulations、Single Regulations、Legislation and other specifications of the Special Administrative Region。The diversity of national governance determines the diversity of the sources of standardization,This is the fundamental reason for the "Decision" to include the above documents into the filing and review。This means that the most basic function of filing review is in the dynamic standards of national governance,Always maintain a "plural and one -piece" legal order,From this containing the nature of the Chinese constitution、status and other large amount of original knowledge。
Second,"Decision" contains the fundamental principle of the people's congress system on the basis of democratic centralized system。China's constitutional supervision system can only be based on the people's congress system。
The first is to ensure that the constitution is fully implemented、It can only be based on the basis of giving full play to the stock of the National People's Congress and its Standing Committee's own system,instead of being in the supervision subject、Method、Program and other aspects to start another stove。"Decision" constructed the General Office of the National People's Congress、Special Committee and the Standing Committee of the National People's Congress Cooperation、Cooperation,Basic work pattern of joint implementation of filing review,and creatively propose important mechanisms such as "communication and collaboration" and "joint review meeting"。"Decision" Based on the status of the power organs of the National People's Congress and its Standing Committee,Further clarified the active review、Special review two systems with Chinese characteristics,Deeply reflects the substantive constitutional status of the highest state power bet365 Play online games organs,Simply transcending Western academic theory to be simply decentralized/concentrated、Earlier/afterwards、Abstract/Specific formalist review method。
The second is to form a joint force in the record review,Consistency rather than using confrontation as the underlying logic。The "Legislative Law" and "Decision" have given their respective concentrated exercise of application for review and launching rights、Apply for the right to review; and urge centralized cleanup、Active correction、Correct it according to the opinions、Letter of appropriate sexual issues、Make a variety of censorship and disposal methods such as correcting or revoking decisions reflects the "principle of constitutional excellence in other state organs for other state organs",This is separated from the power in Western Constitution、The principles of power configuration of hybrid constitutional systems are fundamentally different。Reminder in the "Decision" reminds the transfer review and joint review system,It reflects China's important function of the filing and review of institutional interface: it is not a concentrated review mechanism from top to bottom in a single state -level structure,Instead of in the state power organs、Other national organs、The party's legal censors and other institutions have allocated and collaborative review power between different institutions,Forms a mechanism that has a clear jurisdiction and strong coordination,Basically implemented the maintenance requirements for "diverse and integrated effectiveness and order"。
Third, China's filing review must be based on the profound connection between the theory of the representative system and the theory of democracy。The theory of the implementation of the Western Constitution has always faced the "anti -majority problem" that exists due to centralized settings,More due to the existence of the principle of free appointment, the lack of presence and effectiveness Bet365 app download of the legislative supervision that the people are carried out by the representatives。"Decision" The in -depth implementation of the people's congress system is reflected as the most widely established、The most authentic citizen application review mechanism,The "organic democracy" contained in the whole process of people's democracy is vividly displayed。Citizen's application review fully illustrates that China's democracy is not just reflected in the election scene,There is no preset representative Hong ditch in China's democratic theory,There is also an original knowledge that constructs the theory of Chinese representative system。
third,"Decision" shaped the fundamental logic of China's constitutional review principle。File review does not mean constitutional review,But the most important significance of "Decision" lies in its comprehensive、Systemly constructing the theoretical points of Chinese constitutional review。
First, it clarifies the independent status of constitutional review in the filing review。"Decision" actually uses constitutional review as an independent review content to understand,and established an independent review standard。This makes various types of review objects not "escape from legality standards",After passing the legitimacy censors,It is necessary to detect whether it meets the constitution through independent standards and procedures。
Second, the principle of full coverage of constitutional review objects is clarified。Different from Western Traditional Constitutional Examination Theory,The object of constitutional review is not just the law,also covers the legal system、The legal norm system and various specifications in the rule of law system,The Constitution really becomes the fundamental law that ensures the unity of the law,Among them, it contains the Chinese -style substantive concept of constitution。
Third is the standard of constitutional review。"Decision" established "Whether violated the constitutional regulations、Constitution Principles、Constitution Spirit "of Bet365 app download the Three Essentials Standards。Especially the constitutional principles and the concept of constitutional spirit clearly proposed,Breaking the concept of constitutional order with constitutional text as the center of the constitutional text,Reflected the moral depth and semantic depth of the constitution,Implementing the substantive constitutional concept that is unified as the uniform concept of "definition specifications" and "best principles",The concreteness of the spirit of the Constitution allows the Chinese Constitution to provide a fundamental scale for the political community and social life through the constitutional review。
Fourth is the method of constitutional review。"Decision" officially proposed the concept of "constitutional problem",This is a profound reflection of the stance of inclusive non -actualist in law: it means that constitutional review is not a rigidity、Absolutely wrong judgment,Not a simple culvert reasoning,Instead, we must distinguish defects and errors、Quality problems and non -quality problems、Constitution between the Constitution and the Constitution、For more practical reasoning structures such as tolerant constitutional resistance and unsatient constitutional resistance。This shows the discussion that the constitutional review should have、Debate、A balance of practical reason,It will inevitably promote the high -quality interpretation and development of the Constitution itself。
"Decision" contains an institutional gene to build China's independent constitutional knowledge system,Its introduction is an opportunity for Chinese constitutional studies to keep in innovation,Of course, it also raises more problems in the science。For example,How to target the legal system、Legal specification system and rule of law system,Develop different、More fine review standards; the relationship between constitutional review and legitimacy review; whether there are strict sequences between six key review standards,Whether there are strict testing procedures; how to understand the legal bet365 Play online games effect generated by the special review and centralized cleanup procedures,How to achieve the unity of legal effect and social effect;。These are rare theoretical rich ores left by Chinese constitutional people,It is worth our further thinking and experience。
(The author is a professor at the School of Law of Renmin University of China)
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