Theory Of Constitutional Lawsuit Pattern Choice Of Our Country

In the context of constitutionalism,"the essence of the rule of law is constitutionalorder, namely the rule of the Constitution, the key of constitution is constitutionallitigation." A kind of fundamental rights damage relief by Constitutionallitigation.Constitutional litigation is an important content of the constitutional system,such a system has an important role to improve the constitutional supervision, promotesocial progress and promote the rule of law process, and to protect the politicalcivilization. Since Marbury vs. Madison created a precedent of constitutional litigation,the constitutional litigation has been relatively mature in foreign, and it has accumulateda successful experience about constitutional litigation. Constitutional litigation is aconstitutional right to relief system, the establishment of constitutional litigation systemhas an important significance to improve China’s basic civil rights protectionmechanism. Part of the constitutional rights of our citizens are infringed upon, it is stillnot protected after the exhaustion of other remedies channels, indicating that theconstitution of the rule Right of relief about Civil Rights have problems, whichneeds to be improved.In recent years, constitutional litigation has become a hot issue of the academicresearch. This paper attempts by the basic theory of constitutional litigation to analyzeand summarize the current state of constitutional litigation in China, introduction ofextraterritorial constitutional litigation mode, which asked the Constitutional Litigationshould be the natural mode---complex constitutional litigation mode, andsystem of themode related to propose ideas. The paper is divided into the following sections:The first part introduces the research background of this paper, the extraterritorialconstitutional litigation practice and research status, and introduces the researchmethods (literature review and comparative analysis).The second part introduces the basic theory of constitutional litigation, proposedthe concept of constitutional litigation, and supervision with the Constitution,constitutional review, judicial review and other related concepts to discriminate, andthen from the two aspects of the entity, the program introduces the value of constitutional litigation.The third part, introduced the status of constitutional litigation in China, fromChina’s existing legal system to explore the legal basis of the constitutional litigation,and the reasons for our lack of constitutional litigation analysis, to establish thenecessity and feasibility of constitutional litigation in China.The fourth part, introduced the mode of extraterritorial constitutional litigation, andthe proceedings of the centralized model established in our country Analysis, theproposed mode of constitutional litigation should---complex constitutional litigationmode.The fifth part introduces the complex constitutional litigation mode matchingsystem envisaged in the Constitutional Court, the status of the ordinary courts inconstitutional litigation functions.Part VI, Conclusion.