Study Of Constitutional Litigation

Research on Constitutional Litigation LinYi (College of Law, Sichuan Normal University) Abstract Constitutional litigation is a system in which citizens, parties, social associations or governmental organizations according to legal special litigation procedures, charge against violation of constitution and rights to constitutional judicial organ, so as to protect the constitutional rights and constitutional orders It is obviously different from the three traditional procedural law forms The theoretical foundation for constitutional litigation system to set up and operate lies in the supremacy and the justiciability of constitution Constitutional litigation system is the primary ways for constitutions coming into the daily lives, it mainly reflect the procedure of the realization of constitution value It has these basic functions: to keep constitutional spirit, to protect fundamental human rights, to prevent the violation of power, to protect the country's integrate, etc Affected by traditions, cultural backgrounds and law origins constiiutional litigation systems have formed two models of during its evolution: common court model (the typical example is American)and constitutional court model (the typical example is Germany) The bear some special qualities respectively and share the same mechanism In present china, the constitutional relief to rights is still blank space spot Based on the concern with the judicial utilization state of China's constitution and the full realization of the necessity of the establish constitutional litigation system, the purpose to discuss China's constitutional litigation is to propose relatively scientific concept on constitutional litigation system and advice on the establish its operation conditions...