A Study On Judicial Application Of Chinese Constitution

The judicial application of a constitution has become a significant tendency of current constitutional development. Seeing throughout the whole world, most countries have made it a concept that the constitution is applicable in court. With the deepening of the realization of the importance of the application of the constitution to maintain its constitutional authority and its important role in legalization, more and More scholars appeal for a system of judicial application of constitution.Judicial application's coming into being is not by accident. It possesses a realistic significance. For quite some time, Our country has formed a judicial practice that the constitution can not be applied in adjudication. How to solve this problem to achieve our country's constitutionalism is a severe challenge that we have to confront with. This thesis tries to give analysis on constitutional applicability problems.The thesis starts with Qi Yuling's case that brings the constitutional applicability problem. It first gives a definition of judicial application of constitution, and then gives illustrations of the significance of the judicial application of the constitution. In the second part , the author lists different opinions of scholars on the judicial application of the constitution which contains of approving saying and denying saying and then put forward the author's own opinion. Finally, the author gives his proposal on the establishment of Chinese system of the judicial application of the Constitution according to the actual situations of the country.