摘要
目前,我国尚未建立完善的违宪审查制度。西方国家流行的两种违宪审查模式是建立在对立法的不信任和三权分立与制衡的基础之上的普通法院违宪审查模式和宪法法院违宪审查模式。我国的政体是民主集中制的人民代表大会制度,人民代表大会作为最高国家权力机关具有绝对权威。我国的违宪审查必须从立法机关内部展开,而非“第三方”介入。立法机关违宪审查模式是我国违宪审查制度的不二之选。
At present, China has not yet established a complete system of examination on violation to the statute. Two models of examination on violation to statute usually utilized in some western countries are represented as pattern of examination on violation to the statute for general court and that of examination on violation to the statute for statute court. These two patterns of examination on violation to the statute are formed on the basis of no trust in the legislature and of the system of three types of power in independence and balance. The Chinese political system is the type of people＇s representative congress characterized with democratic dictatorship. People＇s representative congress as the supreme organization of state power has its absolute authority. The examination on violation to the statute ought to be conducted initially from inside the legislature organization, but not that involvement of ＂the third part＂. The pattern of examination on violation to the statute is the only choice for the Chinese system of examination on the violation to the statute.
出处
《中国青年政治学院学报》
CSSCI
北大核心
2005年第6期91-96,共6页
Journal of China Youth College for Political Sciences
关键词
立法机关
违宪审查模式
人民代表大会制度
民主集中制
legislature organization
pattern of examination on violation to the statute
system of oeoole＇s reoresentative confess： democratic dictatorship
