The Practical Applications Of The Constitutional Test Standard

The constitutional test standard is a technical specification by which judicial review of agency examines cases involving constitutional disputes and determines the object is or not unconstitutional. It is not only a base on which to determine the laws and regulations is or not legal or constitutional,but also is a interpretation techniques that is independent of the physical laws and regulations. The standard is closly contact with judicial review authority,it enables the judicial review authority could be normatively used under the constitutional system.The need of standard is the reason that the protection standards of fundamental rights are different under constitution.The key of the establishment of a new and practical system of constitutional review is establishing the constitutional test standard.As to choosing the standard,because as far our constitutional review has not been effectively used,the interpretation of constitution has been lack of practices,we urgently need to learn from relatively mature experiences of interpretation of constitution in foreign countries for reflecting the current hot constitutional examples in order to make reasonable judgments.This paper firstly describes the background and practical significance of the constitutional test standard,and summarizes the achievements in the aspect of constitutional test standard in home and abroad,which offers the oretical basis and guidance for the latter part of this paper. Then summarizes the history and concept of constitutio constitutional test standard,investigat in United States and Germany,es and analyzes the application of modeles of constitutional test standard.Then bring up to construct China's the constitutional test standard system,.Finarlly explore current hot event spot at present in our country,using the constructing six standard to specific constitution,by analyzing the basic rights of infringement of the relief for the meager strength.