BEIJING: China is intensifying its commitment to uphold the authority of its Constitution through a comprehensive legal review process, emphasizing the importance of constitutional oversight in the nation’s governance. As the country observes its 11th National Constitution Day, efforts are underway to raise public awareness about the Constitution’s role as the fundamental law of the land.
According to Namibia Press Agency, the significance of the Constitution is not limited to public awareness campaigns. Over the years, China has implemented concrete measures to ensure that the Constitution is earnestly enforced across various facets of governance and daily life. This commitment was highlighted in a work report presented last December to the Standing Committee of the National People’s Congress (NPC), China’s top legislative body.
The Legislative Affairs Committee of the NPC Standing Committee reported receiving review suggestions from citizens and businesses concerning regional bans on fireworks and firecra
ckers. After evaluating national laws that allow the sale and use of quality-compliant fireworks, the committee recommended revising regional regulations to align with higher-level laws. This example illustrates China’s constitutional review and normative document recording and review systems, which correct laws conflicting with the Constitution.
Ma Huaide, president of the China University of Political Science and Law, explained that the record-and-review system originates from the constitutional power to amend and repeal laws and serves as a critical mechanism for ensuring constitutional implementation. He described it as a constitutional supervision system unique to China, vital for maintaining rule of law cohesion and unity.
The NPC Standing Committee’s report emphasized the Constitution’s authority stems from its implementation, with relevant systems enabling the NPC to oversee this process. Citizens and organizations can challenge rules perceived as unconstitutional, further empowering public particip
ation.
In 2023, the NPC Standing Committee reviewed 2,878 citizen and organizational suggestions, leading to the revision or rescindment of more than 260 normative documents. A notable example from 2020 involved a recommendation to unify personal injury compensation standards between urban and rural residents, reflecting social progress and urban-rural integration.
The recording and review system saw 1,319 regulations and judicial interpretations filed for review in 2023. The 20th National Congress of the Communist Party of China (CPC) pledged to improve this system, and the State Council introduced new regulations in November to enhance the recording-and-review process.
Cao Liu, vice dean of the Institute of Rule of Law at China University of Political Science and Law, highlighted the new regulations’ specific requirements and framework for recording and review activities. Zhang Xiang, a professor at Peking University Law School, noted these efforts have strengthened compliance systems for the Constitutio
n.
The study of constitutional law has shifted from theoretical to practical applications, reflecting its evolving role in governance. The 20th CPC National Congress report emphasized better implementing the Constitution and conducting constitutional oversight to uphold its authority and enhance its role in governance.