Building A System Of Constitutional Lawsuit In Our Country

Constitutional lawsuit is a lawsuit activity which the judicial organ regards the constitution as the direct basis of the referee case to solve constitutional disputes. Constitutional lawsuit and the unconstitutional review are two different concepts, while the constitutional lawsuit is just a form of unconstitutional review, the unconstitutional review may be involved in or not be involved in during the process of lawsuit. Constitutional lawsuit is not necessarily part of the constitutional review, nor is it necessary to assume the function of constitutional review. Under the current system of the National people's Congress(NPC) as well as its Standing Committee interpreting and supervising the implementation of the constitution, it is impracticable to build our constitutional lawsuit system by the design scheme of making the constitutional lawsuit equivalent to the constitutional review. The design scheme of separating the constitutional lawsuit from constitutional review can be adopted. The Court and the NPC Standing Committee should respectively assume the judicial power for the constitutional cases and the unconstitutional review power for the constitutional issues. The court should hand over the unconstitutional issues in the cases to the NPC Standing Committee to treat and make a decision. The court, at last, should judge the case on the basis of decisions of unconstitutional review issued by the NPC Standing Committee. More considerations have been given to the important content of our constitutional implementation, feasibility of the system building, low costs and other issues, the constitutional lawsuit system in our country should take the public power infringing the citizens' basic rights as the scope of accepting cases, learning from the attached type of judicial review process in the United States, a few modifications should be made on our original administrative proceedings to make the running carrier for our constitutional lawsuit system.