海峽兩岸違憲審查制度之比較與展望──兼談司法院大法官審理案件法上人民聲請釋憲制度之改進問題

A Comparative and Prospective Study of Judicial Review System in Chinese Mainland and Taiwan: Including a Discussion Regarding the Ways to Improve Direct Access to Constitutional Court in Taiwan’s Constitutional Interpretation Procedure Act

The development of judicial review is an important theme both in Chinese Mainland and Taiwan. In Chinese Mainland,the Standing Commitee of the National People’s Congress had never exercised its constitutional review power so that some scholars suggested to enact a Constitutional Interpretation Procedure Act as soon as possible. In Taiwan, There had been a hot discussion about whether to import Maburystyle judicial review at the end of 1990s. After that, the Judicial Yuan drafted several versions of new Constitutional Interpretation Procedure Act which aims to transfer constitutional interpretation procedure to constitutional judging procedure. With respect to the ways to improve direct access to constitutional court in Taiwan’s Constitutional Interpretation Procedure Act, this paper analysed advantages and disadvantages of German and Korean individual constitutional complaint in perspective of the reform of Judicial Yuan, and suggested another way to improve direct access to constitutional cout at Taiwan.