Initial Discuss On Construction And Perfection Of Constitution Litigation System In Our Country

Constitution litigation is one of important symbol of constitutionalism, which is a way to cast constitutionalism predicament in china.Constitution litigation is very significant to safeguard constitution implemetation,to establish constitution authority,to safeguard human rights and to limit misuse of state power. Effective system of constitution litigation has not been set up in our country. Cases of violating constitution happen frequently,which can not be corrected promptly.The article consists of the preface,general theory of constitution litigation,comparison of constitution in our country with system in foreign countries,construction and perfection of system of constitution in our country,and conclusion.In the first part of the article, the author introduces the general theory constitution litigation.Firstly, the author discusses the intention of the constitution,which includes the several concepts of constitutionlitigation,characteristics of constitution litigation,as well as discrimination between constitution litigation and other concepts. Secondly,the author discusses theory basis of constitution litigation,which includes the law character, authority character,litigation character,constitution basis and practice basis.At last,the author introduce the necessity of establishing constitution litigation from six aspects.In the second part of the article ,the author introduces the comparison of system of constitution litigation in our country with system in foreign countries.At present,there are four kinds of system of constitution litigation in the world including the kind of general court, the kind of constitutional court,the kind of joint investigation of constitutional committee and administrative court,the kind of joint investigation of parliament and general court. At the same time,the author introduces the advantage and disadvantage of the four kinds of system of constitution litigation. At last the author explains in brief that the constitution is supervised by the state power organization in our country.The constitution litigation system has notbeen established in our country.The third part of the article is emphasis.lt explains construction and perfection of the constitution litigation system in our country. Firstly, the author introduces the historical development of constitution supervision system.Secondly, the author explains the cause and main obstacle that constitution litigation system has not been established in our country. At last, the author explains the initial proposition to establish constitution litigation system which includes three parts.The first part discusses the construction of constitution litigation organization is an important aspect to establish constitution litigation system,which should abide by some principles.lt is not fit for state of our country that constitution court,general court and constitution committee alone hold the post of constitution litigation organization in our country.Compound constitution litigation organization should be put up,that is to say that constitution supervision committee should be established under the whole state people representative conference and its general committee. The constitution litigation cases that the constitution rights of citizens are violated should be accepted by highest and higher court in order to supply the ultimate judicial protection to constitution rights of citizens.The second part explains the procedure. The author explains the characteristics of constitution litigation procedure,then procedure of constitution litigation consists of sue,examination and ruling. The third part discusses three kinds of sanction to behavior of violating constitution.As a whole, establishment of constitution litigation system is an important symbol to state legal civilization and it is also the aim to govern state according to law.The constitution litigation system has been a tide to all over the world as a legal system.Our constitution academic circles have strong desire to establish and perfect...