Several Issues On The Study Of The Constitutional Justice - Comment On "constitutional Justice Of The First Case,

The judicial interpretation about "the case of Qi Yuling V Chen Xiaoqi and others on violating the rights of name and being educated" in Shandong province made by the Supreme Court in August, 2001, definitely cited some items of Constitutional law to defend citizens' fundamental rights. Consequently, the case was called the first case of Constitutional law being applied in courts by the media, and then the judicialization of Constitutional law has become one of hot topics discussed in the legal field. On the basis of the present common sense, the judicialization of Constitutional law means that the people's courts judge some cases according to Constitutional law, which has two types, one is that Constitutional law is applied in courts to protect citizens" primary-rights, including the rights being encroached on both by the government and by individuals, the other is the courts judge controversial issues in the light of Constitutional law, i.e. judicial Review. Basing on this, the writer firstly analyzes the first Constitutional case, then points out the nature of the case, comments on final verdict of it and the judicial interpretation of the Supreme Court. In the present Constitutional law system, the courts don't have right of interpreting Constitutional law. however, they can apply Constitutional law directly to protect citizens' fundamental rights effectively to some extent, especially in the current situation, legal system is not perfect, many Constitutional rights haven't been regulated in .specific branch laws, furthermore, the above rights are bound to be unrealized unless Constitutional law is applied in courts. Therefore, studies on the judicial relief issue of citizens' fundamental rights through the judicial interpretation of the Supreme Court is surely of great importance. After that, the writer discusses how to choose the proper model of Constitution-violating Review in China. In the worldwide scope, the organizations of Constitution-violating Review have the trend of specialization and judicialization. As one of the most important parts of world legal civilization, it is undoubted that we China should set up the system of Constitution-violating Review, but the key issue is how to draw lessons from other nations ruled by law, meanwhile, according to the current Chinese situation and eventually establish a really effective Constitution-violating Review system, in order to protect citizens' fundamental rights and maintain the unity of legal system. What's more, emphasize the supreme authority of Constitutional law. Last but not least, can the judicialization of Constitutional law be realized in present China? Objectively speaking, we are in great need of Constitution law being applied in the courts nowadays, however there are also some actual obstacles in the meantime. By synthetically analysis of the two factors and depending on the present situation of China, we are full of confidence that the judicialization of Constitutional law will be realized in the near future.