Research On The Construction Of Constitutional Litigation System In China

Constitution is the country's fundamental law which stipulates the state's fundamental system and the basic rights of citizens has great influence on the national and social life. However, since 25 years of the implementation of the 1982 Constitution, our constitutional construction is still at preliminary stage. Constitution does not play its value of the safeguard of constitutional order and the protection of the citizens' basic rights which has become unattainable. "The life of law relies on its implementation". As the "law of the law", constitution's value can only reflect in the implementation in judicial practice and social reality. Constitutional litigation which began in 1803 Mabury v. Madsion in Ameirican had been generally accepted by the constitutional state which established the constitutional litigation system according to its own national conditions. The reasons of lack of constitutional litigation system have a variety of factors such as historical tradition and reality system, however, the basis of establishment of constitutional litigation system such as economy, politic, culture and judicial practice has become increasingly mature. This paper attempts to adopt useful part of foreign constitutional litigation model, analyze the constraints and feasibilities of the establishment of the constitutional litigation system, preliminary explore the design of system based on the reality of our country.This paper is divided into five parts:The first chapter is "Overview of Constitutional Litigation", this part tries to analyze the connotation and extension of constitutional litigation, and the distinction with related concepts in order to define the concept. Also this part analyzes the value of the constitutional litigation.The second chapter is "Foreign Constitutional Litigation Mode and Their Evaluation". This part analyzes content such as the causes, characteristics, and evaluation of the foreign constitutional litigation mode; the reasons that Europe failed to introduce the American constitution litigation mode, and the trend of the constitutional litigation. We attempt to construct our constitutional litigation through the inspiration of these analysis.The third chapter is "The Obstacle in Construction of China's Constitutional Litigation". There are several constraints in construction of China's constitutional litigation, such as the obstacle of the concept of the constitution and the constitution's own shortcomings.The fourth chapter is "The Necessity and Possibility in Building Our Constitutional Litigation ". This part focuses on expositions of the practical significance of building our constitutional litigation system which is suit for China's national conditions. And this part also analyze the possibility of the establishment of the system from economic, politics, culture and current legal systems and so on.The fifth chapter is "Building Our Constitutional Litigation System". This part discusses the possible options and their evaluation, and the proposal and evaluation of building China's constitutional litigation system, namely we can take composite review mode which set up constitutional court under the National People's Congress and constitutional courtroom under the Supreme People's Court.