The constitutional review system is to weigh the back of a major scale implementation of the constitutional state. To establish a constitutional system of government, it is necessary to establish back constitutional review system, constitutional review system back to establish suitable to their own characteristics. He has become the rule of law construction of state systems put into a lack of the department. A country with which back the constitutional review of the rail system, in fact, is not a random whims of choice, but according to the country's specific national conditions, combined with their historical traditions and political systems, such as all kinds of elements stop conclude integratedly results. The Russian Federation shelter in Russia's lookin 'capital, with mature experience of countries such as Germany, set by the constitution court focus back the constitutional review of the rail system, the difference in Soviet times the highest organ of state power monitoring systems, completed the constitutional supervision of the Soviet era depending on the rail of the transformation. From the point of view of the history of longitudinal assessment Russian Federation back the constitutional review of the track of the history evolution and Russia back constitution censorship of actual background, through process assessment of the Russian Federation back constitution of censorship censorship body, audit object, review French, analyzes the running status of the constitutional court and the theory of constitutional court, of Russia back constitution censorship of reflection. The Russian Federation has experienced the highest organ of state power supervision form and constitution committee monitoring forms of exploration, establish a suitable constitutional court review system, the establishment of specialized agencies of the Constitution in the form of surveillance. The Russian federal constitutional review system back establishment, growth and maturity times constitutional review organ of the situation, nature, and other forms of organization are different. Late establishment of the Constitution by the implementation of the highest organ of state power permanent organ of constitution surveillance and delineated by the highest organ of state power of the standing organization and the national government authority surveillance constitution implementation, such as falling in the messy, means less than into theory. 1978 constitution from the new constitution surveillance the right to confer the highest organ of state power and its permanent body, has always been to the 1991 constitution and establish a constitutional court back the constitutional review of the form. We can see in the Russian Federation constitutional review system of the back bending growth history, Russian national search for democracy and constitutionalism. Russian Federation current back the constitutional review of the institutional law treatment national criterion, three power separation principle, human rights guarantee principle for basic theory, in showing the constitutional court generated actual background also deepen familiarity with the generation history of the constitutional court. At the same time, affected by the two factor of inside and outside the Russian Federal Constitutional Court chose as its constitutional review form. 1994, "Russian Federal Constitutional Court Act" and in 1993 the "constitution of the Russian Federation" delineation of the back of the constitutional review of the constitutional court, the main location, composition and structure, the Constitutional Court of the operation method and back the constitutional review of the French endures. On the back of the constitutional review of the constitutional review of the French right back made specific provision. The Russian Federal Constitutional Court Victory operation cannot do without superstition system, power and the French construction. The Russian federal constitutional court system is divided into the Federal Constitutional Court and the Federal Constitutional Court (or a charter of the court). The nature of the Russian Federation constitutional court has the duality is the organ of state power, the constitutional court and parliament, the president, the authorities belong to the highest level of constitutional institutions, is one of the highest federal authorities; another is the judicial organs, the constitutional court is the judicial system of the Russian Federation is a major part, is the constitution of the federal level judicial supervision organs is a major part. The Constitutional Court consists of 19 judges of the constitutional court is divided into two houses, 10 judges and 9 judges in a hospital, hospital. Constitutional law on the constitutional court back the constitutional review of the right in the constitution of the Russian Federation and the Constitutional Court law has clear delineation, including details of seven, focusing on discussion of the Russian federal constitutional court to review the standards of judicial documents of constitutionality, cognizance authority glue Gregory, trial national constitution petition, of the constitution of the Russian Federation to stop, trial and accused the impeachment of president of coherent case the five back constitutional review authority. Constitutional court back the constitutional review of the French comply with the independent principle, personal guidance of criterion, underground principle, action trial principles, continuous trial principle, parties equivalence principle and argue the criterion, about national filed a lawsuit on the constitution of power and freedom to cover the premise than usual quasi harsh. With the French also contains a petition for review, the review requirements of the pre-trial, trial, sentencing four stages. Russia's current constitutional review form back running theory not only has its strengths and positive consequences there are some achievements. Constitutional Court exercises the back right of constitutional review seriously judge independence, clearly defined the equal rights of judges, in order to ensure the effect of litigation, the delineation of the discontinuous trial principle, in the assurance of human rights, the standard of state power obtained many achievements. At the same time, there are still tweaking the constitutional court in the political force, the judgment of the court to force the lack of rigid system to ensure the achievement of. Similar to the national conditions of China and Russia, in political and judicial track of growth options on many similar, and are a period of social transition, Russia back the constitutional review of the rail of practical and theoretical experience and worthy of our own. Back of the constitutional review system in the establishment must conform to national conditions, must respect and abide by itself the cultural tradition, political system and historical reality. The Russian federal constitutional review system back in recent years has gradually matured, formed its own unique framework. As the Russian Federation back the constitutional review of the agency's constitutional court is a defender of the constitution, cover interest contention release those, as constitution surveillance authority of constitutional court, to countries in transition of constitutional rail construction of has a great demonstration effect. The history of the Russian Federation back the constitutional review of the institutional change stop meticulous appraisal, of the Russian Federation back constitution censorship system operation theory experience stop own summary, we explore establish suitable for China's national conditions and political systems back the constitutional review of the rail system bring beneficial enlightenment and reference. 目录: |
