Study Of Constitutional Justice Issues

Constitution, with the highest effect, is the basic law of a country. We made the system that National People's Congress supervised Constitution in 1954's Constitution and 1978's Constitution. In addition, we empowered the standing committee of National People's Congress rights to supervise Constitution in 1982's Constitution. Our current supervising system which supervises itself weakens function of supervision. Constitution's authority is challenged heavily. Since 1980's, Constitutional judicature has become the issue of society. Many unconstitutional cases draw society's attention. For example, law and regulation violate Constitution, administrative acts violate Constitution, the fundamental constitutional rights belonging to citizens are infringed. Therefore, researching Constitutional judicature is important to theory and fact.In order to inflect the phenomenon and resolve the problem, researchers in academic fields study the theory of constitutionalism. According to society's phenomenon, author puts forward the ?research problem. In part one, author elaborates the basic theory of Constitutional judicature. On the basis of introducing the meaning of unconstitution made by foreign and domestic researchers, author brings out the meaning. On introducing all kinds of models of dealing with the unconstitution, author puts forward the model and elaborates it from two angles. One is judicial review. The other is judicial application. Then author puts forward China's orientation towards Constitutional judicature by introducing and analyzing western model of supervising Constitution. In part two, author analyzes the current situation of Constitutional judicature: first, the legislative department can't supervise the implementation of Constitution efficiently; second, cases resulting from violating Constitution can't be heard; third, Chinese Communist Party's authority is higher than the authority of Constitution. From the fact, author analyzes causes of resulting in the situation from historical, political, judicial and ideological perspective. In part three, some suggestions are given. Author thinks that the model of Constitution Court supervising Constitution is the ideal choice to realize the judicial review. Author elaborates the Constitution Court's feature and function and perfects it according to the western model. At the same time, author thinks that the People's courts should be empowered the judicial application about constitutional complaint. Part four summing up the situation, pointing to this paper's shortcomings and looking forward to the future.Constitutional judicature which needs to break out the current system violates Constitution superficially. But the nature of constitutionalism is to make Constitution in line with the constitution but not to hole out the writing of Constitution. The model of Constitution Court supervising Constitution is the development orientation towards constitutionalism. Dealing with the relationship between the highest power of NPC and the highest authority of Constitution Court in supervising Constitution is the creativity in this paper. In addition, the judicial application, which is empowered the People's court, is also the creativity in this paper.