On Building A System Of Constitutional Litigation

Since the liberation of our country since the constitutional litigation laws and regulations in China has been a lack of community, and abroad, China has been in constitutional litigation in a backward state, so far, we have still not enacted a comprehensive set of "constitutional procedural law", This gives our work for the practice of law has brought a lot of trouble.China's first constitution since the September 1954 first session of the National People's Congress adopted and promulgated its first meeting since the implementation has gone through a long and winding road. Until 1978, China's legal system, the country began to embark on the road. In 1999, China formally established by the Constitution, then the rule of law to the rule of law, historical change, which makes our constitutional system to constantly improve, however, one can not be satisfied that the change in our Constitution and the specific implementation did not achieve good results. The Constitution is just a decoration, it is difficult to achieve restrictions on government power and protect the civil rights of its basic philosophy, and ultimately the right to restrict the power did not form a good mechanism. Constitutional litigation is the right to restrict the power of the most fundamental significance of the preferred mechanism for maintaining social and judicial justice of the last line of defense can be this point in our country has not been a good run. As China's socialist market economy, the rapid development, often some new contradictions and disputes, because our legislation does not sound constitutional litigation, constitutional legislation has lagged behind, making difficult to solve many problems, contradictions, continually expanding. At this point, it is eager to be able to stand on the use of the fundamental law of our country - the constitution legal proceedings, so that their rights are reasonably protected. In this paper, building on the current status of China's rule of law in-depth analysis and a system of constitutional litigation for foreign countries to compare and research on China's current understanding of constitutional litigation, constitutional litigation and expounded China's construction of the importance and feasibility of, and recognize China's current system of constitutional litigation obstacles and problems facing the building, finally, combined with China's national conditions and put forward our vision to build a system of constitutional litigation and suggestions. This is the construction of our country's future constitutional litigation can provide a scientific basis and reference for promoting the continuous development of China's constitutional construction.