对我国建立违宪审查制度的现实悖论分析

违宪审查制度是宪法实施的最重要的制度保证,基于其重要性诸多学者迫切呼吁在我国建立违宪审查制度。但综观我国目前的现状,会发现建立违宪审查制度所必须具备的一些因素在我国严重缺失,如宪法的法律性质,宪法的可适用性、完备的释宪机制、良好的宪政环境等等。如果盲目地在我国建立违宪审查制度会导致与宪法体系的一系列冲突和悖论,甚至会颠覆整个宪法体系。因而,在目前我国还不应建立违宪审查制度,应有待于民主政治的进一步深化改革。

The Paradoxes in Establishing the System of the Review of Constitutionality in China

The system of the review of constitutionality is the most important guaranty in the course of constitution implementation. Therefore, many scholars urgently appeal for such a system. However, in establishing the system, taking the whole situation in our nation into consideration, we can find that we are badly in need of such basically necessary factors as the nature and the applicability of constitution, perfect model of interpreting constitution and fine constitutionalism environment. Blindly setting up the system of the review of constitutionality may not only give rise to a series of paradoxes, but also be in conflict with the constitution system or even overturn the whole system. So,at present the opportunity is still not ripe for establishing the system of the review of constitutionality. What we need is the further reform of democratic politics.