Elaborates Our Country Constitution Judicature And It's The Pattern Choice

It is a hot problem that the our country constitution educational circles discuss in recent years that the constitution judicatory turn.The reason that the scholars fall overboard for the research that the constitution judicatory turns the problem, lying in the establishment of the progress and the constitutional government nation that it relates to the our country democracy rule of law construction, having the important theories meaning and realistic meanings.Currently, although great majority scholar the approval constitution judicatory turn, also have a handful of scholars to hold to oppose the opinion, even in hold scholar who agree with the opinion to the constitution judicatory turn include of the mode that the contents and our countries should adopt also exist the different interpretation, some standpoints even stand opposite clearly.For the above-mentioned problem, this text all does to discuss, and put forward own standpoint.As for constitution should or should not the judicatory turn, this text holds the affirmative attitude, and from the essence, purpose, position, special and the construction socialism country under the rule of laws of the constitution these five elaborated the theories according to.Concerning the constitution judicatory turn include of contents, the judicatory that has the scholar to think that it is to point the constitution apply;there is scholar think that it means unconstitutional reviewing;the scholar who have moreover thinks that it should include the contents of the above-mentioned both side, this text approval is the third to lift the method, and elaborated the reason from the unconstitutional corpus angle.Concerning the our country constitution judicatory turn of the mode choice problem, this text in tallying up six modes, lawmaking organization direct modes, the constitution committee direct modes of American mode, Europe mode,these four kinds of main constitution judicatory in world turning the foundation of the mode nowadays, combine the special political law system of our country, put forward the our country constitution judicatory to turn the speculation of the mode, then practice the people to represent the conference and it often the will exercise the unconstitutional reviewing double track system of the unconstitutional reviewing power with common court together, accepting the mode that the constitution litigation combine together with common court.Of so adopt this kind of mode, lie in it is existing with our country of political law system have best and permit sex, can with utmost reduce because of the reform fluctuation of the political setup bring of social turbulence.The textual innovation lies in the double track system that put forward the unconstitutional reviewing.