Study On The Implementation Of The Constitution By Way Of The Administrative Law

The crucial question of being lack of the effective implementing mechanism of constitution rights challenges the implementation of the constitution in our country.There have been serious problems in the existing system of NPC monitoring the implementation of the constitution such as the subject,pattern and procedure of implementation.It is also difficult to establish constitutional litigation in short time in our country. In view of both constitution and administrative law standardizing the power of the government to protect the civil rights,we can make use of the administrative law to change the difficult situation and seek the administrative way in the implementation of constitution.This dissertation consists of three parts:the preface,the body and the conclusion and the body includes six chapters.The first chapter:the relations between implementation of the constitution and the administrative law.When entering the stage of constitutionalism and rule of law,administrative law serving as the supporting law of constitution can play a great role in implementation of the constitution according to the discipline of legal system evolution of human society.By virtue of the objective phenomenon of expanded executive power challenges the constitution with the social development and the emergence of the administrative law in the context of the constitutionalism is to control the executive power and guarantee civil rights.Administrative law implements the constitution by turning the abstract,textual constitution into realistic,material constitution in the process of realizing its own duties.In the process of implementation of the constitution the question of administrative law usually relates with that of constitution.The second chapter:the legislation and litigation of implementation of constitution rights.There are two kinds of implementation involved in the implementation of constitution rights,one is legislation which refers to the process from the congress legislation to the administrative legislation and in which the key issue is to regulate the administrative legislation.The other is lawsuit which refers to the process from administrative litigation to constitutional litigation.Taking the special relations between administrative litigation and constitutional litigation into consideration,the administrative litigation by which the constitution rights can be realized will become the realistic choice of the implementation of the constitution in our country.The third chapter:analysis on the typical foreign cases of constitutional rights implementation.The constitutional cases are the symbols of implementation of constitution of western constitutionalism countries.Discussing the role which the administrative litigation play in the constitutional cases contributes to learn experience from foreign constitution implementation:the question of administration is to evolve one of constitution,the constitution is the highest standard of dealing with disputes concerning with rights,rights is the drive to the implementation of constitution,the transformation of society has offered opportunities of the development of the judicial implementation of constitution.The fourth chapter:analysis on the administration norms in the implementation of constitutional rights in our country,.To comb administration norms conceming with the constitutional rights,we can find that many of them actually restrict the constitutional rights other than safeguard them which has been claimed in the purpose of the legislation. There exists the obvious pursuit of power order and lacks the necessary respects to the constitutional rights in the administrative norms which are short of the operable implementation norms.The lack of the idea of rights is the main reason why the constitutional rights are unduly restricted by the administrative norms.The fifth chapter:analysis on the administrative cases of implementation of constitutional rights in our country.With the advent of a large quantity of cases relating with the constitutional rights brought about the social transformation,social requires the judicial enforcement of constitutional rights.The phenomenon that many disputes concerning with constitutional rights which safeguard rights on behold of constitution emerge in the form of administrative cases challenges the existing administrative litigation system.We can make use of administrative litigation to protect the constitutional rights.The rules of administrative system face with the challenges in the litigation and social needs badly to establish the direct judicial mechanism to enforce the constitution.The sixth chapter:implementation of the constitution by way of administrative law.The choice of the way has been put forward that the constitutional implementation by way of administrative law considering the institution and practice of foreign implementation of constitutional rights.To perfect the mechanism of relieving the constitutional rights in the area of administrative litigation which has referred to constitutional rights as the highest value such as:to bring the administrative disputes about constitutional fights into the scope of accepting cases of administrative litigation,to vest the court with the power of unconstitutional investigation to administrative regulations and normative documents,to endue the Supreme Court with the power of the restricted constitutional interpretation.We should actively promote the establishment of the constitution lawsuit system through the development of the administrative law.