The Study Of Foreign Constitutional Justice And The Considerations Of The Justice Of Our Constitution

"In today’s legal system, any one normative documents such as the Constitution,nor any one normative documents like the Constitution so unimportant. Constitutionin a both a fundamental law, has been idle for such an awkward position. It can besaid that China’s laws in the judicial practice cited, but alone is extremely importantto the constitution is not applicable to judicial practice, and always has been excludedfrom outside the field of justice. Although a lot of controversy in today’s China,constitutional justice issues, constitutional justice is the inevitable result of theprotection of human rights, rule of law requirements, a trend in the development ofWorld Constitutionalism, the situation in the trend.In this paper the focus of constitutional justice on foreign research. An overviewof the general theory of constitutional justice, historical origins, theoretical basis,comparative analysis of the processes and stages of the judicial development of theConstitution of the United States, Japan and other Western countries, discussed thedevelopment of foreign constitutional justice Implications to China’s comment onChina’s Constitution different academic advocate justice issues, at this stage in Chinato achieve the theoretical obstacles exist in the constitutional justice of the ideologicaland legal impediments.Start with the concept of constitutional justice. The major integrated andAnalysis of views and ideas of domestic scholars on the "judicial". Semantic analysis,historical analysis, comparative analysis and other methods contained in theconstitutional justice of content, such as the Constitution applies to the main object ofthe Constitution applies to the constitutional justice legal results, the study proposedconstitutional justice of the basic theory.Unconstitutional censorship in the Constitution applies to the focus of research.In the20th century, especially after World War II, the constitutional review systemgradually spread to more than100countries and regions in the world. Unconstitutional censorship, established in countries in two modes: First, theAmerican model, by the ordinary courts to resolve constitutional disputes throughspecific events; First European model, independent of the Constitutional Court or theConstitutional Council to resolve the Constitution justice issues. After analysis of theU.S. Constitution the judicial process, but also focus on the Constitution of Japan byAmerican constitutional impact of the judicial process. Of the Jurisdiction of theConstitution of Japan’s unique historical background, historical analysis andinterpretation of specific constitutional provisions, to analyze the development ofJudicial Application of the Constitution of Japan to the restrictions on overseascitizens the right to vote unconstitutional proceedings, for example, and then obtainedthe causes and characteristics of the judicial application of the constitution can be inJapan.Through analysis and research on foreign constitutional judicial process, judicialdevelopment of China’s Constitution provides a valuable theoretical resources andpractical experience. This article points out, abroad and China’s political andeconomic system, there is obviously a huge difference, we can not be appliedmechanically copying the copy of the Constitution of the foreign judicial system, butbased on national conditions, and from abroad, especially from Japan’s experience,actively and steadily promote the constitutional justice process.This article attempts to provide only a crude theoretical basis, the NPC and itsStanding Committee have to pay more attention to our Constitution the judicialprocess as early as project, and early research, early research, early discussions.Established as soon as possible is not contrary to China’s political and economicsystem for the development of our own constitution, socialism with Chinesecharacteristics, constitutional judicial system, better respect and protect citizens’personal interests, and promote the process of China’s socialist democracy and therule of law.