Development and Prospect of Constitutional. Review System between Taiwan and Chinese Mainland Furnishings of Republic or Guardian of Constitution?

Ming-Hsun Yang, Yi-Fei Chen

Abstract

The General Secretary of the Communist Party of China Xi Jinping put forward the promotion of a constitutional review in the work report of the 19th National Congress of the Party. Such promotion means that the judicial review in mainland China will gradually promote the implementation of the constitutional normative power. In contrast to the system of Taiwan on the other side of the Taiwan Strait, the constitutional review system is reviewed by a judge, and it has been developed for decades. For the Chinese mainland, which shares the Chinese civilisation, the interpretation system of the judges of the courts adopted by the Constitution of the Republic of China will undoubtedly be a great reference for the development of the review. Therefore, this article intends to take the cross-strait constitutional review mechanism as the topic. Then, it systematically summarises and compares the cross-strait constitutional systems and attempts to provide a specific system reform and system design in mainland China based on the constitutional experience of Taiwan. By way of reference, the study posits that the two sides of the strait will work hand-in-hand to advance the modernisation of the Chinese legal system.

 

 

Keywords:   Constitutional review, Chinese legal family, Judicial Yuan, National People’s Congress, Supreme People’s Court


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