Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,202...Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,2023,explicitly stipulates that"treaties and agreements that the State concludes or accedes to shall not contravene the Constitution."This marks the first explicit recognition in Chinese statutory law of the hierarchical relationship between treaties and the Constitution,effectively establishing the principle of constitutional supremacy within the statutory rule system.Under the Law on Foreign Relations,the constitutional review system established by the newly revised Legislation Law of the PRC,which centers on the exercise of the power of constitutional review by the NPC Standing Committee,has expanded the scope of review objects and,more importantly,provided a new legal basis for constitutional review.The provisions,principles,and spirit of the Constitution can serve as definitive standards for constitutional review.Therefore,the formal implementation of the Law on Foreign Relations has injected new vitality into China's constitutional review system,granting the Constitution,as the fundamental law of the State,the highest legal authority within the statutory hierarchy.This advancement contributes to promoting the implementation of the Constitution and upholding its authority.展开更多
In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the ...In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the parent-child relationship), which is abasic right at the constitutional level, has finally been recognized bythe competent authorities as “close ties between family members.”The convergent interpretation of basic rights by competent authoritiesin the Chinese mainland and the two special administrative regions,at least in terms of “family life,” is fundamentally due to the fact thatunder similar social, economic and population conditions, they havereached a consensus on understanding the core content of basic rightsunder the influence of international human rights law. On the basis ofthis convergent interpretation, there should be no longer significantdifferences in the basic rights enjoyed by Chinese citizens in the Chinesemainland and Hong Kong & Macao.展开更多
The statutory reservation of fundamental rights is not a restriction on administrative power,but a directive and constraint on legislative power.From the perspective of the transformation of the functions of the Const...The statutory reservation of fundamental rights is not a restriction on administrative power,but a directive and constraint on legislative power.From the perspective of the transformation of the functions of the Constitution,the formation and evolution of constitutional texts,and the development of the implementing mechanisms of the Constitution,it is necessary to change the approach to examination and scrutinize the statutory reservation of fundamental rights in the current Chinese Constitution from a normative dimension.The text of the Constitution adopts the structure of differentiated statutory reservations,covering general non-specific reservations,qualified reservations,non-reservations,content-forming reservations,and the special terms of the articles on property rights.The history of the Constitution’s formulation indicates that Article 51 of the Constitution of the People’s Republic of China does not constitute an obstacle to the construction of differentiated statutory reservations;its definition of the limiting reasons for fundamental rights without statutory reservations can be interpreted in a narrow sense,which thence enables both the application to fundamental rights of general non-specific reservations and qualified reservations and the highlighting of the normative significance of differentiated reservations.The system of differentiated statutory reservations can also provide guidance for resolving fundamental conflicts over rights and distinguishing the criteria for constitutional review of legislation.展开更多
基金the 2023 Major Innovation Project of the Chinese Academy of Social Sciences,"Study on the Basic Formation of the Overall Framework for the Law-Based Governance in All Fields"(No.2023YZD021).
文摘Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,2023,explicitly stipulates that"treaties and agreements that the State concludes or accedes to shall not contravene the Constitution."This marks the first explicit recognition in Chinese statutory law of the hierarchical relationship between treaties and the Constitution,effectively establishing the principle of constitutional supremacy within the statutory rule system.Under the Law on Foreign Relations,the constitutional review system established by the newly revised Legislation Law of the PRC,which centers on the exercise of the power of constitutional review by the NPC Standing Committee,has expanded the scope of review objects and,more importantly,provided a new legal basis for constitutional review.The provisions,principles,and spirit of the Constitution can serve as definitive standards for constitutional review.Therefore,the formal implementation of the Law on Foreign Relations has injected new vitality into China's constitutional review system,granting the Constitution,as the fundamental law of the State,the highest legal authority within the statutory hierarchy.This advancement contributes to promoting the implementation of the Constitution and upholding its authority.
基金This article represents a phase of research outcomes from the Major Project of the National Social Science Fund of China(NSSFC)titled“Research on Improving the Judicial System and Legal System of Special Administrative Regions”(Project Approval No.23ZDA121).
文摘In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the parent-child relationship), which is abasic right at the constitutional level, has finally been recognized bythe competent authorities as “close ties between family members.”The convergent interpretation of basic rights by competent authoritiesin the Chinese mainland and the two special administrative regions,at least in terms of “family life,” is fundamentally due to the fact thatunder similar social, economic and population conditions, they havereached a consensus on understanding the core content of basic rightsunder the influence of international human rights law. On the basis ofthis convergent interpretation, there should be no longer significantdifferences in the basic rights enjoyed by Chinese citizens in the Chinesemainland and Hong Kong & Macao.
文摘The statutory reservation of fundamental rights is not a restriction on administrative power,but a directive and constraint on legislative power.From the perspective of the transformation of the functions of the Constitution,the formation and evolution of constitutional texts,and the development of the implementing mechanisms of the Constitution,it is necessary to change the approach to examination and scrutinize the statutory reservation of fundamental rights in the current Chinese Constitution from a normative dimension.The text of the Constitution adopts the structure of differentiated statutory reservations,covering general non-specific reservations,qualified reservations,non-reservations,content-forming reservations,and the special terms of the articles on property rights.The history of the Constitution’s formulation indicates that Article 51 of the Constitution of the People’s Republic of China does not constitute an obstacle to the construction of differentiated statutory reservations;its definition of the limiting reasons for fundamental rights without statutory reservations can be interpreted in a narrow sense,which thence enables both the application to fundamental rights of general non-specific reservations and qualified reservations and the highlighting of the normative significance of differentiated reservations.The system of differentiated statutory reservations can also provide guidance for resolving fundamental conflicts over rights and distinguishing the criteria for constitutional review of legislation.
