Perfection Of Judicature Institution Of Constitution In China

"Mabury v Madison,1803",which gave a birth to Constitutional Judicature, established a precedence that judiciary investigate to decide whether a law is unconstitutional or not. Behind US, Austria found constitutional court in 1919,France found constitutional committee in 1958.And other countries do the same thing after that. Until now there have been 104 countries which carry out the unconstitutionality investigation institution of US pattern or one of Europe pattern, which means that the conception of constitution judicature have been accepted steeply by most countries and have worked in practice. But, why do so many countries accelerate their process of constitutional judicature? One important reason is that constitution has been accepted as a special organ as a rule to make a judgment then can apply an enforceable law repeatedly.By the situation of enforcement of constitution in our country, there exist many problems, like the lawsuits which claim people's constitutional rights always overruled by the court; unconstitutional administrational actions are always recognized as illegal actions which is governed by administrational litigation law; Judiciary investigation hardly works on unconstitutionality of the law. Constitutional judicature will be the leading way to resolve such problems. Says:"constitution is a paper which has people's rights on it."But if constitution doesn't work in practice, it is just a paper which have good promise can be never reached. In order to emphasize the authority and honor of the constitution, to show its value and spirit and its aim and notion, the constitution should goes into the crowds of people. we have reason to believe that the constitutional judicature can be applied to improve constitutional democracy in china."QIYULING case"was named by someone as"NO.1case of constitutional judicature in China"The NO.25file of judicial interpretation by the supreme court is recognized as"a regulation which break the judiciary tradition and give birth to the constitutional judicature in China."Like what Heweifang says:'maybe today we can improve the whole political culture and political system in china by a more specific system construction and technical way; maybe we should work more to make the big value and technical regulation work together, so that to make society can develop to be a superior one in a steady–going way"And constitutional judicature is that technical way which is lacked now, which can improve the socialism political democracy in China.When we found our constitutional judicature system, we must work hard to learn the experience in west. We can only accept those that are agreeable with our legal system, not just simple transplant. The first we should consider is our political system, China's national people's congress is the highest power in china, it also ranks highest in the political system. So, it is impossible to found a constitutional judicature system which is done by normal court, or found a constitutional court independent of The China's national people's congress to execute the judicial power like Germany and France, the right way is to found a compound constitutional judicature system. Here, the author dares to give a suggestion that we can practice a"two track"system."...