论文部分内容阅读
十八届四中全会审议通过的《中共中央关于全面推进依法治国若干重大问题的决定》中,研究了全面推进依法治国若干重大问题,认为全面建成小康社会、实现中华民族伟大复兴的中国梦,全面深化改革、完善和发展中国特色社会主义制度,提高党的执政能力和执政水平,必须全面推进依法治国。自此,提出两个重要命题,即:坚持依法治国,首先要坚持依宪执政;坚持依法执政,首先应坚持依宪执政。可以说,在党史中,将宪法提至如此地位,尚属首次。然而,不得不承认的是,我国宪法制定与执行尚不完善,尤其是对违宪行为的审查以及事后的追究未形成法律化、程序化的机制,本文将从如何更好推进依宪执政出发,简要探讨我国的违宪审查机制的现状与作用。
In the “Decision of the CPC Central Committee and the Central Committee of the Communist Party of China on Several Major Issues in Ruling the Country by Law,” the plenary session of the 18th CPC Central Committee held the plenary session of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, studying the Chinese Dream of Fully Building a Well-off Society and Realizing the Great Rejuvenation of the Chinese Nation, To comprehensively deepen the reform, improve and develop the socialist system with Chinese characteristics and improve the party’s ability to govern and governs it, we must comprehensively promote the administration of the country according to law. Since then, two important propositions have been put forward: First, we must adhere to the principle of governing the country according to the constitution; and adhere to the principle of governing according to the law, we must first of all persist in governing the country according to the constitution. It can be said that for the first time in the history of the party, the constitution was brought to such a position. However, it must be admitted that the formulation and implementation of our country’s constitution are still not perfect, especially the review of the unconstitutional acts and the investigation afterwards do not form a legalized and procedural mechanism. This article will start from how to better promote the constitutional governance, Briefly discuss the status quo and function of our country’s constitutional review mechanism.