China's constitutional review of constitutional review
June 03, 2019 14:02 Source: China Social Sciences Magazine Author: Liu Liantai

  bet365 Play online games The structure and logic of the constitutional text determine the institutional logic of constitutional review。Chinese Constitution text contains negative norms and positive specifications,The nature of the action program。The country and citizens are the main body of the constitutional relations,A negative specification containsFollowObligation,Active specifications includeExecutionObligation。The National People's Congress and its Standing Committee judge whether the legislation is conflicting with the Constitution in accordance with negative specifications,Multiple subjects judge whether the legislation is appropriate in accordance with active regulation。The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics,The Communist Party of China enjoys a general context review right,This power shall be trusted by the Central Committee of the Communist Party of China,It can be assumed by the Central Committee of the Central Committee to take the comprehensive management of the country in accordance with the law。The Central Committee of the Communist Party of China generally does not directly make constitutional judgment,can be guided、It is recommended that relevant agencies make judgments。The state does not comply with negative norms orInappropriatePerform positive specifications,A direct constitutional liability will be generated,Citizens do not comply with the responsibility of negative norms requires legal provisions. 

  Keywords:Narvity specifications  Active specification  Follow  Execution  Constitution responsibility 

  AuthorLiu Lian Tai,Professor of Law School of Xiamen University(Xiamen  361005) 

Editor in charge: Cui Cen
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