On The Realistic Applicability Of Our Constitution And The Reality Of The Constitution Applies

The applicability of Chinese Constitution is determined by five factors; but the influence of former soviet union's constitutional theary together with the low law consciousness of Chinese society and the constitution's low applicability had resulted in the nonapplication of Chinese constitution before 1980s;The application of it in both the special initi-tute authorized by the Constitution and the courts since 1980s has shown that the constitution not only should be applied but it is actually applicable, but the application has been in a low level concerning the geographical areao and the cases in which the law is applied.The constitution could be applied in courts according to the situation of our country even though theoretically it is not sapposed to if a common law is applicable; And the local courts could apply the constitution without the appoval of the Highest People's court when(explaination)either explanation of the covstitution is needed nor constitution could only be applied to explain some of the charges but net to guide the conviction and measurement of penalty.