<p> improve the NPC and its Standing constitutional supervision system, improve procedural mechanisms of constitutional interpretation. Wang Gongyi expressed, it may set up specialized agencies to exercise their constitutional right to supervise, in order to maintain the constitutional authority. Wang Gongyi said that censorship is unconstitutional laws, regulations be reviewed to make a ruling on its constitutionality. Currently, most countries have established different forms of constitutional review mechanism, mainly in the form of three categories: The first category is exercised by the legislature or the supreme organ of state power to review constitutional rights, such as the Swiss Federal Parliament. In China, the constitutional supervision by the National People's Congres and the NPC Standing Committee jointly exercise. The second category is unconstitutional exercise of the right of review by the judicial authorities. For example, in the United States, the United States Supreme Court to review the formation of unconstitutional practices in trial practice, then there are many countries to follow the system. The third category is the exercise of the constitutional right of review by the ad hoc bodies, such as the establishment of the Constitutional Court to deal specifically with cases unconstitutional. Countries have adopted this approach are Italy, Germany, Spain and so on. Because of different constitutions in the form of supervisory authority, its powers are not the same size.</p>
<p> the overall decline in trust in society, the concept of human rights protection also needs to be strengthened." Han Dayuan said in recent years, more and more stories about the emergence of fundamental rights, in particular the death penalty trumped The emergence of so that people lose confidence in the administration of justice, can not build a solid social trust system. Han Dayuan, said the Constitution's own practice and review mechanisms also need to be strengthened. Constitution adjustment in social life has not been an effective play, the Constitution does not effectively constrained public power, serious abuse of public power, when citizens' fundamental rights have been violated, can not provide timely and effective relief. In addition.</p>
<p> told Xinhua News Agency interview analysis, said: "The first is the constitutional nihilism lead to a general lack of respect for constitutional text." For example, he said, first, in flagrant violation of constitutional provisions; the second is to criticize the Constitution habits, the reform of the problems comes down to the simple text of the Constitution; the third is not to take seriously the constitutional text, a problem apart from the Constitution; Fourth, respect the Constitution, although on the surface, but in fact far from the Constitution, to maintain a certain "distance" and the Constitution . Han Dayuan, said civil servants, especially some senior cadres of the constitutional concept of fragile constitutional consciousness, the relationship between the state's core values and interests, the lack of constitutional self-confidence, leading to social values confusion, the constitutional authority of the damage, the community is not in accordance with the constitutional act The phenomenon abound. "The basic rights of citizens of relief did not receive due attention.</p>
<p> the constitutional review mechanism is imperfect implementation of the Constitution is the fundamental reason for the situation is not ideal. How can we establish the authority of the Constitution, the rule of law to China? Han Dayuan said, first to adhere to the "Party must conduct its activities within the scope of the Constitution and the law" principle. The party's 18 report emphasized: "The Party led the people to formulate the Constitution and laws, the Party must conduct its activities within the constitution and the law." The party's authority and constitutional authority is unified, not contradictory, properly handle the party's policies and country relations law, not the party's policy is above the Constitution and the law. 3 How to implement the Constitution to supervise? Set up a special agency to exercise supervision Fourth Plenary Session should be made to improve the implementation and monitoring of the constitutional system.</p>
<p> decisions and command, "can" undo the Constitution, laws and administrative regulations contravene local regulations and resolutions "provinces, autonomous regions and municipalities of the organs of state power. 4 How constitutional review should be performed? Advance subsequent examination at the same time catch Wang Gongyi noted that the constitutional review process supervisory authority unconstitutional case, there are two different ways. The first one is ex post facto review, that review of regulatory documents enacted after the implementation of the majority of countries to take ex post facto manner. The second is the prior review, namely in normative documents promulgated before, first constitutional oversight bodies for review, prior censorship few countries. In China, the National People's Congress Standing Committee is entitled to withdraw with the Constitution contradict administrative regulations,hogan roma, local regulations and other normative documents, which is a review of the way afterwards. But the Constitution also stipulates that autonomous regulations and separate regulations formulated by Regional People's Congress.</p>
<p> should be reported to the Standing Committee of National People's Congress approved the entry into force, which with a prior review of the nature.</p>
<p> some national constitutional review mechanism could be reviewed all laws, decrees and administrative regulations, and some can only be reviewed on administrative regulations and local laws and regulations. China's Constitution stipulates that the NPC has the right "to alter or annul the Standing Committee of National People's Congres inappropriate decisions"; National People's Congress Standing Committee have the right to "revoke the Constitution of the State Council, the legal conflict of administrative regulations.</p>
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