Choice Of The Constitutional Government In Our Country Is The Constitutional Rights Of Litigation

Constitutional litigation system as the constitutional lawsuit system is the mostimportant branch, in the research of our country scholar have been paid more and moreattention, become our country lawsuit is an important developing direction. This papermainly discusses the current situation of construction of constitutional government ofour country difficult breakthrough is to construct Chinese composite constitutionalrights litigation system this conclusion and the establishment of the constitutionalrights of litigation system, is essentially in the selection of a specific point of view --China’s constitutional construction discusses the constitutional rights of litigationsystem in China to establish the necessity, from theory has enriched our constitutionalrights lawsuit system research, for the establishment of the constitutional rights oflitigation system to provide reference.This article is study, first of all, using the comparison research methods, in adetailed comparison of the constitution litigation system and judicial review system isderived based on the precise meaning of constitutional rights litigation system, thendetailed analysis at the present stage of China’s constitutionalism dilemma situation,proposed constitutional rights litigation is the current stage of China ’s constitutionalconstruction break through such a conclusion; application of comparison method andqualitative analysis method analysis of constitutional rights lawsuit is the constructionof constitutional government of our country break reason, from large to small, discardthe dross and select the essential, layer by layer to reduce our constitutionalconstruction breakthrough choice, will eventually go ahead of the rest choosing toconstitutional rights litigation system level : the first level, discusses theimplementation of the constitution system (the concept of constitutional rightslitigation ) is our constitutional predicament situation breakthrough choice; secondlevels, specifically discussed China’s constitutional development and characteristic,reach our country constitutional government construction can take an outside-in Road,to the Constitutionalism construction development requirements, mainly to the construction of constitutionalism implementation space and the system constructiondifficult degree as the subsidiary multi-angle argues, the constitutional rights oflitigation System of China’s constitutional construction breakthrough; finally, usingliterature analysis, discusses the constitutional government of our country under thebackground of construction of constitutional rights litigation necessity and feasibility,and to our country composite constitutional rights litigation system construction areproposed.In this paper, a clear distinction between the constitutional rights of litigation andrelated concepts, so that the constitutional right of action as soon as possible from thetheory into reality, and thus the establishment of composite constitutional rightslitigation, in order to achieve constitutional rights litigation system to solve theconstruction of constitutionalism predicament breakthrough.