我国违宪审查机构的模式选择

虽然我国目前建立违宪审查制度的条件还不成熟,但学者仍可探讨“将来”需要时,该机构的设置模式。根据我国国情,这一机构放在最高法院内较为合适,或设一个宪法庭,进行专门审查;或不设宪法庭,由各审判庭做附带性审查,但需辅之以宪法咨询;或就违宪审查案件组成特别陪审庭,陪审员可在学术性的宪法委员会成员以及社团代表或普通民众中产生。

On the Choice of Constitutional Review Organ

Though it seems that presently it is still impossible to establish constitutional review mechanism in China for wants of conditions needed therefor, the scholars may yet make their contributions on choice of con- stitutional review organ to be established in the coming future. In accordance with the national conditions of China,it may be appropriate to set up such an organ within the Supreme People＇ s Court. It is argued that ei- ther a constitutional tribunal could be set up for carrying out the functionaries of constitutional review, or such functions could be vested into all the tribunals of the very court which ought to exercise such power in accord- ance with advisory on constitutional issues, or a special tribunal should be with juries from academic member of constitutional commission and representatives of associations or people should be formed whenever a constitu- tional issues arises.