The Judicial Protection On Citizen's Basic Constitutional Rights

The judicial protection on citizen's basic constitutional rights has become an important trend of modern constitution and government constitutional development. In this article, an in dept exploration was made on how to perfect the judicial protection on citizen's basic constitutional rights. In the first chapter, expounding on the meaning of citizen's basic constitutional rights, emphatically dissertated the legal relation and difference between citizen's basic constitutional right and its close conceptions. Thereby, making clear the objective of the judicial protection on citizen's basic constitutional rights. Then, set forth significance of the judicial protection on citizen's basic constitutional rights from different point of views. In the second chapter, using contradistinctive tact, analyzed similarities and differences of the judicial protection institution on citizen's basic constitutional rights of China and foreign countries. Learned from others' strengths to offset one's weaknesses, using these as references to perfect the judicial protection on citizen's basic constitutional rights. In the third chapter, explained in a systematic way the current situation, existing problems and their becoming of our judicial protection on citizen's basic constitutional rights.In the fourth chapter, combining the above-mentioned analysis, puts fonvard a way to improve our judicial protection on our citizen's constitutional rights, to serve and protect the basic constitutional rights of our citizens and enhance the legislative process. Lastly, learned from foreign countries' successes and in consideration of our current situation, compared to the basic rights protection models as suggested by the academia as the basis for recommending a "dual track" system. This "dual track" system is referring to:1. The people's Supreme Court to form a constitutional court to accept cases on violation of citizen's basic constitutional rights; and2. The People's Congress to form a constitutional law committee to review the laws, their application in the provincial level, administrative rules and regulations, which may violate the basic constitutional rights laws and court cases.