Our Constitution Litigation System

With the rapid development of domestic and international economic, political,cultural, social, the majority of our people to put forward new requirements for the furtherdevelopment and improvement of the legal system. In particular, an admirer of theconstitution to protect their basic rights. As a result, many scholars on the basis of in-depthresearch and analysis the theoretical model of foreign constitutional litigation,practicingdomestic and international constitutional, built the importance of constitutional litigationin our country. the full realization of the constitutional norms to the Constitution of thereality of conversion, so that the real constitution become an effective mechanism for theprotection of citizens’ basic rights and restrictions of government authority."No litigation is neither constitutional". It is based on the understanding of thisconcept, many Western countries or after its constitution established constitutionallitigation system in order to suitable for local conditions. In our country, while anextremely rare phenomenon is happen that other sectoral laws all exceptions can be enterin litigation, but in the top of the pyramid position and the Basic Law in the legal systemwhich the Constitution can’t go into. This will undoubtedly be followed by countries inthe Western constitutional rule of law concept of putting the cart before the horse. But alsomakes our Constitution is often in a failure state, and it can’t play its due value in theprotection of human rights of citizens. Therefore, if China has a nominal position in thesupreme law of the Constitution into the actual life of the general public, the best way is tointroduce litigation to establish the system of constitutional litigation.This article Proceed from the meaning of constitutional litigation and analysis thecharacteristics of constitutional litigation, as well as its confused concept of difference, toaccurate positioning of the meaning of the constitutional litigation. Horizontal and verticalcontrast to the foreign litigation model, as well as the basis of the theory of China’s realityand the rule of law and constitutional justice of examples, to explore the mode ofestablishment of constitutional litigation, in order to make their own feasibilitysuggestions and comments to promote the development of our constitutional construction and offer own contribution.