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纵观我国的宪法监督,在机构设置,违宪审查的标准和程序,监督的实践和效果等方面,远不能适应依法治国的需要。全国人大及其常委会尚未把宪法监督全面开展起来。宪法对地方国家权力机关监督宪法实施的规定有缺陷。从保障宪法实施的实践来看,地方国家权力机关起着无法替代的作用。目前已处理的违宪案件,都是县级以上地方各级人大及其常委会在审查违宪活动的过程中发现,并依法作出处理的。如:全国人大常委会《关于加强法制教育维护安定团结的决定》中指出:“有的地方不尊重人民代表大会应有职权,使它不能真正发
Throughout our country’s constitutional supervision, we can not meet the needs of governing the country according to law with regard to institutional arrangements, standards and procedures for unconstitutional review, and the practice and effectiveness of supervision. The NPC and its standing committee have yet to fully carry out constitutional supervision. The Constitution has deficiencies in the provisions governing the implementation of the constitution by the local state authority in supervising the constitution. From the practice of guaranteeing the implementation of the Constitution, local state organs play an irreplaceable role. The unconstitutional cases that have so far been dealt with are all those discovered by people’s congresses at all levels above the county level and their standing committees during the examination of unconstitutional activities and they are dealt with according to law. For example, the NPC Standing Committee’s ”Decision on Strengthening Legal Education and Maintaining Stability and Solidarity“ states: ”In some places, people’s congresses should not respect their due authority so that they can not really