The Path Of Our Country’s Constitution Right On Judicial Relief Exploration

The constitutional rights, which are the most basic and important rights for thesurvival and development of human beings, are the everlasting theme of theconstitution. This article is based on the basic theory of constitutional rights. The firsthalf part mainly discusses about what is the relief of constitutional rights and why therelief is necessary. The author compares the legislative, administrative and judicialrelief systems,pointing out the two present situations of our country’s judicial relief ofconstitutional rights: one is the social status,showing that the violation of theconstitutional rights occurs from time to time;the other is the relief situation,showingthat it is difficult to obtain judicial relief after the violation occured. Then, from thelegal, social and institutional perspectives,the article analyzes the problem of judicialrelief of constitutional rights in our country,which causes the situation of ourconstitutional rights’ judicial relief. In the face of the current situation, this articlediscusses the significance of the establishment of China’s judicial relief system ofconstitutional rights from four perspectives:realization of constitutional rights,protection of the human rights, stopping power, establishment of the authority of theconstitution.The main content of the article’s second half part discusses about who shouldrelieve the constitutional rights and how to relieve. The author study litigation modesof constitutional rights in Britain, Germany, France and American,then analyzes thecharacteristics and the value of the four countries.In combination with China’s basicnational conditions and system, the author puts forward some suggestions forimproving our country’s judicial relief system of constitutional rights.With thecontinuous development of the law ruled society and the progress of theoreticalresearch, we will finally be able to find a way to realize the relief of constitutionalrights,which is consistent with China’s national conditions.