중국의 違憲審査制度에 관한 小考

The System for the Review of Constitutionality in Chinese Legal SystemJeong, Yi-KeunIn according to the Constitution of the People's Republic of China, the NPC and NPC Standing Committe exercise the power of review of constitutionality. In most case, the NPC exercise supervisory power of constitution, and exercise amendment and reverse power for inappropriate decision of the NPC Standing Committe. Otherwise, the NPC Standing Committe exercise supervisory power of constitution, power to interpret the constitution, power to interpret law, and reverse power for administrative regulations and decisions of the State Council. But, regardless of constitutional prescription, because of there is no specific legal provision for application of review of constitutionality, and no exsist specific and independent review organ, give rise to many problems. So to speak, there is no specific procedural law or regulation for exercise the power of review of constitutionality, and no exsist constitutional court or constitutional committe, therefore, in Chinese legal system, the system for the review of constitutionality can not sufficient guarantee constitutional basic civil rights or citizens' sanctity of personality. In recent years, many scholars express his opinion for improvement of the system for the review of constitutionality. For the purpose of controlling state power, guarantee constitutional basic civil rights, and realize the rule of law, the system for the review of constitutionality requires reform. I wish, through the research and policy-making, the system for the review of constitutionality has good achievement as soon as possible.