On The Construction Of Constitutional Litigation

Constitution litigation is from the development of the constitutionalism, which is very significant to safeguard constitution implementation, to establish constitution authority, to safeguard human rights and to limit misuse of state power. There are different definitions for constitution litigation in its study, based on the results of the scholars, this paper holds that that constitution litigation system refers to the system through which the special organ uses to solve constitutional disputes, invalidate laws or acts that violate the constitution, maintain constitutional order and defend the citizens' basic rights in accordance with the constitution and its value through judicial or quasi-judicial procedure, it is also the unification of static system and dynamic constitutional activities. To apprehend the concept of the constitution litigation, it is necessary to grasp it's characteristics, and distinguish constitution litigation from its related concepts, such as administrative litigation,constitutional supervision , constitutional guarantee, constitutional review, judicial review and constitution administration of justice.To know the material world is to alter the world, to alter the material world is to meet the need of the human being, the value is just the unified relationship between need and fulfillment between the subject and object. The value of constitution litigation is the relationship between the constitution litigation and its subject, which includes the significance of the object to the subject and the significance of the constitution litigation mechanism itself. It is the unification of democracy , freedom, order and justice under constitutionalism.For the influence of cultural tradition of law, political background and other factors, the modes of constitution litigation at present can mainly be divided into two styles: One is called "common court mode", which is represented by America; one is called "European mode", which is represented by Germany and France. However, when it goes into the 20 century, with the communication between the Civil law system and the Common law system, the trend of assimilation between different modes appears: Some countries are assimilating different elements of two modes, and the organ for constitutional review tends to special and judicial; the scope for suit extends; to depend human rights becomes the important value of constitution litigation system. Therefore, when establishing constitution litigation with Chinese...