论中国违宪审查制度的构建

摘要

There is a specific gap between the Chinese constitutional norms and constitutional text. China＇ s Constitution is the Constitution ＂without teeth＂ and the purpose of building a system of unconstitutional censor- ship is to make the Constitution work properly. Unconstitutional censorship in China needs to go beyond the traditional objectives of legal integration in an attempt to form structural integration of human rights protection and legal unification. The paper discusses a system of unconstitutional censorship that conforms with the Chi- nese social reality and structural value goal of integration via making a comparison of the three typical patterns of unconstitutional censorship in the United States, France and Germany based on definite targets of value.%中国宪法规范和宪法文本之间存在具体差距。中国的宪法是“没牙的宪法”，违宪审查制度的构建就是为了使宪法能够运转起来。中国的违宪审查制度需要超越传统的法制统合的价值目标，将人权保障和法制统合进行结构性整合。