Upholding authority of China's Constitution through legal review process

BEIJING, Dec. 4 (Xinhua) -- When Chinese people set off firecrackers and fireworks during festive celebrations, they may not be aware that their activities have been guaranteed by the country's Constitution -- not in a remote manner but in a more direct way.

China observes this year's National Constitution Day on Wednesday, the 11th of its kind, with various campaigns nationwide to raise people's awareness of the Constitution, which acts as the fundamental law of the country.

The prominence of the Constitution can be felt not only during these publicity activities. For years, concrete measures have been taken in China to see that the Constitution is earnestly implemented and enforced to ensure its authority across the board in the country's governance and people's lives.

In a work report presented last December to the Standing Committee of the National People's Congress (NPC), China's top legislature, the Legislative Affairs Committee of the NPC Standing Committee revealed that it had received review suggestions from citizens and businesses regarding some regions' blanket bans on the sale and use of fireworks and firecrackers.

After referring to national laws and regulations, which do not include a complete ban on the sale or use of fireworks and firecrackers that meet quality standards, the committee concluded that relevant regulations should be revised in line with the principles outlined in higher-level laws. The relevant authorities agreed to make revisions to these regulations soon afterward.

The case constitutes the practice of China's systems of constitutional review and normative document recording and review, which are aimed at reviewing laws and relevant normative documents, and correcting those in conflict with the provisions, principles or the spirit of the Constitution. By doing so, the comprehensive implementation of and full compliance with the Constitution can be ensured.

Ma Huaide, president of the China University of Political Science and Law, said the record-and-review system itself, which originates from the power to amend and repeal laws, regulations and rules, is also a specific institutional arrangement explicitly stated in the Constitution.

The system is a constitutional supervision system with Chinese characteristics, serving as an important mechanism for ensuring the implementation of the Constitution and maintaining cohesion and unity within the rule of law in the country, Ma said.

"The very life of the Constitution lies in its implementation, from which its authority also stems," reads the report on the work of the NPC Standing Committee, which was delivered at the NPC's annual session earlier this year. It added that relevant systems are important means by which the NPC oversees the implementation of the Constitution.

With these systems, ordinary citizens and organizations are also entitled to challenge rules that they perceive to be against the Constitution or its spirit.

In 2023, authorities with the NPC Standing Committee examined 2,878 suggestions for review made by citizens and organizations, and urged relevant formulating bodies to revise or rescind more than 260 normative documents.

Another example revealed in the 2020 report concerned the Legislative Affairs Committee of the NPC Standing Committee, in response to public suggestions for a constitutional review, recommending that the Supreme People's Court unify the compensation standards for personal injury between urban and rural residents in its judicial interpretation.

According to the committee, after reviewing the issue, it suggested that, as social development progresses and urban-rural integration advances, the gap in development and living standards between urban and rural areas has gradually narrowed. Therefore, the difference in compensation standards should be eliminated as well.

The normative document recording and review also saw a total of 1,319 regulations and judicial interpretations being filed by central and local authorities to the NPC Standing Committee general office for recording and review in 2023.

The report to the 20th National Congress of the Communist Party of China (CPC) said improvements will be made to the record-and-review system for normative documents.

The resolution adopted at the third plenary session of the 20th CPC Central Committee this year pledged efforts to improve both the constitutional review system and the record-and-review system for normative documents.

To further ensure the implementation of the Constitution and laws, the State Council introduced new regulations in November on the recording and review of laws, regulations and rules, which include additional provisions on standardizing the process and improving the capacity and quality of recording and review.

Cao Liu, vice dean of the Institute of Rule of Law at China University of Political Science and Law, emphasized that the new regulations outline specific requirements for the recording-and-review process, clarify the fundamental principles and define the working framework for such activities.

Zhang Xiang, a professor at Peking University Law School, believes the documents and relevant measures to strengthen the record-and-review system and capacity in this regard have all promoted the development of systems for ensuring full compliance with the Constitution.

The study of the constitutional law, which used to be viewed by many as a discipline of "theoretical jurisprudence," has also displayed more practical features over the past decade, Zhang said.

According to the report to the 20th CPC National Congress, China will better implement the Constitution and conduct constitutional oversight, with improved systems for ensuring full compliance with the Constitution, so as to give better play to the Constitution's important role in the country's governance and uphold its authority.