On The Validity Of The Basic Rights Norms In China

The constitution is the basic rights of citizens,to protect the basic rights of citizens.In real life,because the Constitution can not be applied directly to the judicial activities,such as the common law,the basic rights of citizens are infringed,and there is no way to use the constitution to remedy the problems.2001 "Qi Yuling case",the Shandong provincial high court in the second instance,a direct reference to the provisions of the constitution to make a decision,the case by the academic community,the judiciary,the media as the first case of constitutional justice".Since then,the issue of constitutional justice has been discussed many times.I think that should be discussed not only can the Constitution be "judicial judgment that basic rights of the constitution to play in between equal subjects,not only can refer directly to the provisions of the constitution of the problems in the trial,but should be combined with contemporary China background and the reality of the situation analysis.This paper consists of four parts.The first part mainly studies the constitutional basis of the basic rights norms of the Constitution and the basis of social reality.First of all the basic rights of the constitution basis effect occurs in between equal subjects(including 46 to Article forty-second of the Constitution and article fifty-first of the Constitution and the last paragraph of the preamble),which proves that the fundamental rights of the constitution,the normative basis,finally to elaborate the basic rights of citizens because the specification is infringed upon,the lack of protection of private law society foundation at present.The second part mainly studies the basic constitutional rights norms in force between equal subjects of ideas(including people on constitutional politics and programmatic understanding is not comprehensive;the constitutional rights of citizens consciousness and democratic consciousness is not deep;"55 official" and "86 reply" misunderstanding effect)and system(constitution system the obstacles in China;Department of legislation of the basic rights of constitution protection is not perfect)obstacles.Some theories and typical cases in the third part of the main research in foreign countries,especially the United States,Germany and Japan's advanced theory and case,which is the theory introduction,analysis,summing up the experience,and can be our reference significance.The fourth part mainly studies what can make the basic rights norms into force between equal subjects,need the interpretation of the Constitution and legislation of these two methods complement each other,complement each other;and the Constitution and civil law in equality between the main trial application,difference has been a fundamental right in the ordinary legal norms but because private security is insufficient and the private law on a basic rights made no provisions.