Abstract: According to the strategic arrangements made by the CPC Central Committee for ruling the country by law in a comprehensive way, the advancement of constitutional review is an important measure for the implementation of the Constitution. The theoretical foundation of constitutional review in China is different from that in western countries. China’s institutional framework of constitutional review is very different from the western model of judicial review or the constitutional court. Constitution in China has the dual legal and political attribute and constitutional review also has the dual rule of law and political function. In advancing constitutional review against the background of comprehensively advancing law-based governance, China must base itself on its own practice of the rule of law, strike a balance between the function of the rule of law and the political function of constitutional review, and carry out the work of constitutional review in an active and steady manner.

Keywords: constitutional review; legal function; political function; state governance

The author of this article is a research fellow at and the head of the Cyber and Information Law Department of CASS Law Institute. This article is published in 5 (2021) Law Science Magazine under the special column “Constitutional Review System in China and Its Cultural Perspective”.