关于建立我国宪法审查制度的几个问题

我国的宪法审查制度应当确立人权保障、权力制衡、宪法审查权独立等原则;根据上述原则,我国应建立兼具权力机关性质和司法性质的、独立的宪法法院,并围绕宪法审查权的独立性构建一元二级宪法法院。宪法审查的对象不应当包括普通公民;宪法审查的范围应当在比较分析各国经验并结合我国权力结构特点的基础上加以限定。宪法审查程序应当借鉴德国模式形成一般程序规定和特别程序规定相统一的审查程序制度。

Several Questions on the Establishment of Constitutional Examination System

Principles, such as guarantee of human rights, power balance and independent right of constitutional examination should be established in our country's constitutional examination system. Upon these principles, an independent constitutional court, which has the dual qualities of power and law institutions, can be built. The subject of constitutional examination should exclude ordinary citizens, while its scope should be set by analyzing the experiences of other countries and combing them with the power structural characteristics of our country. The procedure of constitutional examination should be a system that contains both the general procedure and the special procedure based on Germany mode.