摘要： 作为代议机关的人民代表大会及其常委会制定的法律及地方性法规虽然有民意的支撑，但此类立法的合宪性取决于其是否有相关的社会经济方面的事实基础。因而，对立法事实加以认定，便成为了针对立法实施合宪性审查的重要环节。立法事实包括与立法目的有关的事实、与立法的手段和目的之关联性相关的事实，以及作为法益衡量之前提的事实。在由司法机关针对立法的合宪性实施审查的国家，法院在认定立法事实时通常采取自制的立场。我国虽未采取由法院实施合宪性审查的体制，但考虑到审查的程序、立法机关予以回应的时限，以及审查的目的，作为审查主体的人民代表大会及其常委会亦应在认定立法事实方面保持一定程度的自制。针对立法实施合宪性审查时的自制技术包括将审查基准与不确定性原则相结合，以及程序性审查优先。

关键词: 合宪性审查, 立法事实, 事实认定, 审查基准, 立法程序

Abstract: Although laws and local regulations, enacted by the people's congresses and their standing committees as representative organs, are supported with public opinions, their constitutionality rests on whether they have social or economic factual basis.Thus, the finding on legislative facts serves as a significant stage in constitutional review against legislation.Legislative facts include facts related to the aims of legislation, facts related to the relationship between the means and the aims of legislation, and facts as the premises of the balancing among legal interests.In the countries where the judicial branch undertakes the constitutional review against legislations, the courts ordinarily act in a self-restraint way in finding the legislative facts.China does not adopt the mechanism of judicial constitutional review.However, the subjects of review, namely the people's congresses and their standing committees, shall take self-restraint position to some extent as well due to the process of review, the time limit for the legislature to reply and the aim of review.The techniques of self-restraint consist of the combination of the test of scrutiny and the uncertainty doctrine, as well as the priority of the review against the process of the legislative judgment on related facts.

Key words: Constitutional Review, Legislative Fact, Fact-finding, Test of Scrutiny, Legislative Process