本文首先简介违宪审查制度的概念及其法理依据。然后,从新制度经济学的视角来分析设立违宪审查制度的经济理论依据:即“有限理性人”的假设,委托代理理论以及囚徒困境博弈论,这三个理论能够说明行为人有自利的倾向。通过对三个经济理论的分析,我们得出在民主制国家有必要设立违宪审查制度以确保国家权力机关依法行使职权。 This article first introduces the concept of unconstitutional review system and its legal basis. Then, from the perspective of the new institutional economics, this paper analyzes the economic theoretical basis for setting up the constitutional review system: the hypothesis of “limited rational person”, the principal-agent theory and the prisoner’s dilemma game theory. These three theories can explain that the perpetrator has self- Propensity. Through the analysis of the three economic theories, we come to the conclusion that it is necessary to establish an unconstitutional censorship system in democratic countries so as to ensure that the organs of state power exercise their functions and powers in accordance with the law.