Constitutional Review of Laws and Regulations as a System of Constitutional Supervision in China

This paper examines China’s system of constitutional supervision, which operates to review the constitutionality of legal norms. This system ensures strict compliance of all laws and regulations, including international treaties, with the Constitution, serving as a key instrument for safeguarding the unity of the legal framework. The study presents various concepts of constitutional review within Chinese legal doctrine and explores the relationship between the constitutional review system and the registration and review system. In conclusion, the paper reveals the role and shortcomings of China’s constitutional review mechanism and proposes innovative solutions for its improvement. Particular attention is given to the fact that China’s constitutional review system represents a unique mechanism of constitutional supervision, shaped by the specific features of the country’s political system and power structure after 2017. It fundamentally differs from the judicial constitutional review model practiced in continental Europe. Potential improvements include refining review criteria, enhancing public participation in oversight processes, and adopting specialized legislation on constitutional supervision. Furthermore, as China’s constitutional review system is still in its early stages of development, several critical issues remain to be addressed.

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Publication Details

Journal
Lex Russica
Published
2025-06-11
DOI
https://doi.org/10.17803/1729-5920.2025.223.6.112-126
Primary Topic
Law and Political Science
Type
article
Field-Weighted Citation Impact
0.00
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Constitutional Review of Laws and Regulations as a System of Constitutional Supervision in China

Yueping Zhang
Lex Russica
Law and Political Science
article

Constitutional Review of Laws and Regulations as a System of Constitutional Supervision in China

Yueping Zhang
article en

Abstract

This paper examines China’s system of constitutional supervision, which operates to review the constitutionality of legal norms. This system ensures strict compliance of all laws and regulations, including international treaties, with the Constitution, serving as a key instrument for safeguarding the unity of the legal framework. The study presents various concepts of constitutional review within Chinese legal doctrine and explores the relationship between the constitutional review system and the registration and review system. In conclusion, the paper reveals the role and shortcomings of China’s constitutional review mechanism and proposes innovative solutions for its improvement. Particular attention is given to the fact that China’s constitutional review system represents a unique mechanism of constitutional supervision, shaped by the specific features of the country’s political system and power structure after 2017. It fundamentally differs from the judicial constitutional review model practiced in continental Europe. Potential improvements include refining review criteria, enhancing public participation in oversight processes, and adopting specialized legislation on constitutional supervision. Furthermore, as China’s constitutional review system is still in its early stages of development, several critical issues remain to be addressed.

Lex RussicaVol. 78(6)
Heilongjiang University (CN)
Openalex Percentile: Top 78%
Law and Political Science
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