On The Constitutional Litigation System Established In China

Constitutional Litigation is the basic rights have been damaged or means of relief. Constitutional litigation system is an advanced system of constitutional government, such a system to improve the supervision of the Constitution, promote social progress and protect the rule of law civilization, political civilization, has played an important role.In foreign countries, the system of constitutional litigation has been relatively mature. And the constitutional litigation has become more successful constitutional experience. Constitutional Litigation is a constitutional right to relief system, the establishment of constitutional litigation system is to improve our basic civil rights protection mechanism of an important component. China's citizens the constitutional rights had been violated, the other in exhausted relief channels, are still not protected, indicating China's basic civil rights of the Constitution concerning the right to the relief of the inadequacies of the existing provisions. Therefore, a system should be improved. China's civil law does not expressly require the constitutional right of action, in real life the many constitutional cases, no effective judicial relief. The constitutional litigation system for the citizens of this model can provide an effective channel for relief.This paper is divided into five parts:Part I: the concept of constitutional litigation and the related concept of the difference. Constitutional litigation generally refers to the constitutional right to relief system, the establishment of constitutional litigation system is to improve our basic civil rights protection mechanism of an important component. Some of the highlights of constitutional litigation system and its features of the concept of constitutional litigation and the related concept of the difference between the exposition of constitutional litigation and administrative proceedings, civil, criminal difference between the exposition of constitutional litigation and supervision of the relationship between the Constitution.Part II: Foreign the basic mode of constitutional litigation. The part of the contents of the constitutional litigation focused on the basic model in foreign countries, namely the ordinary courts and the Constitutional Court model mode.Part III: The Constitution established the basis for the system. On the part of the establishment of our Constitution and the theoretical basis for the proceedings pursuant to the Constitution, also pointed out that the establishment of our Constitution on the possibility of political action, the possibility of economic and cultural possibilities.Part IV: Analysis of constitutional litigation related cases. The part of China in recent years in a similar constitutional litigation, such as Shandong, "Qi Yuling case" and geographical discrimination in Emei Mountain Scenic Area, is discrimination case. That the constitutional rights of our citizens were against, the basic rights of the relief inadequate.Part V: My constitutional litigation model design. The analysis demonstrated in part on the basis of the suits China's national conditions of the constitutional litigation mode, pointing out that at this stage based on the conditions of our country in the Constitution of the NPC Standing Committee set up under the Oversight Committee, and on the basis of this system at all levels of court proceedings to establish constitutional institutions, To improve our constitutional system deficiencies.