An Evaluation Of The Feasibility Of Chinese Constitutional Action

The content of this paper consists of the introduction and the following four parts: the implication of the constitutional action and the distinguishing of the related concepts; the forming of the system of the constitutional action and the comparison of the models between Europe and The U.S.A.; the feasibility of Chinese constitutional action ; the restricting factors of Chinese constitutional action . For a long time, the fundamental statue of Chinese Constitution is only served as the foundation of the establishing of other laws. Otherwise it only has demonstrative political function; a considerable number of those basic civil rights confirmed by the constitution cannot be actually fulfilled because they are not specified by the branch laws. As to the reason of this phenomenon, it is mainly due to the fact that there is no corresponding system of constitutional actions in our country so that those laws and behaviors which are against the constitution cannot be corrected and punished in time and the citizens' constitutional rights cannot be protected as a practical procedure. And the author believes that the essence of the legality is to govern by the constitution and the core of the constitutional government is the constitutional action because the constitutional action is the most significant regime that ensures the system of "rights checking power" and it is indispensable to the protection of citizens' basic rights. Therefore, the studying of the feasibility of the Chinese constitutional action possesses great theoretical and practical significance. Firstly, it can enrich and perfect the present Chinese judicial system and provide beneficial theoretical basis for the final establishments of the system of constitutional action. Secondly, it can reveal the mysterious veil that renders the constitution to be holy and illustrate the particular legalfunction and highest legal value of the constitution that originally belongs to it and distinguish it with other laws and regulations. Thirdly, it can form a final and most effective protection of procedure for the fulfillment of the basic civil rights. And lastly, it can give the right direction for the further reforming of judicial system; enhance people's confidence to the reformation of the judicial system and cultivating legal belief and even the constitutional belief. This article tries to analyze the constitutional action and its related concepts and to consider Chinese politics, economy and laws etc. so that the author believes that the future of Chinese constitutional action is sure to be bright.