论我国违宪审查制度的重构

本文对我国现行的由全国人民代表大会及其常务委员会进行违宪审查的制度进行了分析,认为这一制度存在着明显的缺陷,已经不适应实践的需要,不利于我国宪法的贯彻实施。在立足我国的国情和借鉴西方两大法系的违宪审查制度的基础上,认为我国应建立宪法委员会和宪法法院并存的复合违宪审查制度。

On Reorganization of the System of Examining Unconstitutional Act in China

This paper analyses the current system of eximining unconstitutional act by the National People's Congress and its Standing committee in China, and argues that this system has clear defect. It can not meet the needs of the practice and is also unfavouralbe for earring out the constitution, Based on our country's condition and the western systems of exmining un contitutional act in the two legal families, this paper reorganizes our system of eximining unconstitutional act that we should establish a complex system of eaximining unconstitutional act including constitution committee and constitution court.