The Research Of Constitutional Judicialization

Constitution is the guaranty of civil rights. As the fundamental law of our country,the object of constitution is to safeguard the fundamental rights of civil in maximumand prevent the authorities from infringing on civil rights by regulating national acts.As our country in a period of social transformation, development and changes witheach passing day; coupled with legal norms of the existing behavior, always behindthe characteristics of social development, at present, in China’s judicial practice therehave been some difficult cases in the application of the law. Based on this case, therehas been discussion on the applicable constitutional justice, and even some scholarshave put forth the applicable principles of constitutional justice. To solve this problem,theorists and practitioners have different views can be described today.The supportersalways refer to the Preamble to the Constitution, the fundamental law of theconstitution for the country with the highest effectiveness of the activities of allorganizations in the country to the Constitution this passage of the guidelines foractivities to prove the legitimacy of Constitutional Judicial Application. Withdiametrically opposed point of view, the Constitution in the judicial application of theprocess is widely applicable, the Constitution will reduced to the status of the otherdepartments, law, and may even cause the implementation of the constitution chaos.We believe that the Constitution applies to judicial practice, you can compensatefor the deficiencies of the existing law. But in application you want to set certainrestrictions to be applied conditionally, or else, as opposed to the commentators saidthat the judicial application of the Constitution would reduce the authority of theConstitution. The paper is divided into five parts, the article from the content andfeatures of the constitutional justice of the start of constitutional justice of thetheoretical basis, the starting point for the argument of constitutional justice; Thesecond part of the political system, legal relations, and constitutional litigationdemonstrates the necessity and feasibility of the Constitutional Judicature in China tofind a realistic basis for China to build constitutional justice; The third part from theperspective of comparative law, constitutional justice in the case of the typical countryof the foreign and provide some experience for our implementation of theConstitution the judicial reform; The fourth part analyzes the justice of the problems of our Constitution, the formation of the constitutional justice system found under;Part V of the former on the basis of the four-part argument, the reality of the path ofChina’s constitutional justice put forward its own proposal to establish a combinationof relatively independent of the Constitution of the CRIC and the ordinary courts ofthe Constitutional Court the constitutional justice model.