Unenumerated Consititutional Rights In The Judicial Judgments

In the judicial practice of our country,there exists the phenomenon of confirming Unenum-erated consititutional rights.According to the 44 samples of judgement documents in this paper,Unenumerated consititutional rights show unbalanced characteristics in the time of adjudication,the type of lawsuit,the type of judgment document and the region.There are 13 kinds of unenumerated consititutional rights that the court confirmed,and show that there are many kinds of representations under a certain kind of rights.According to the normative basis understanding of unenumerated consititutional rights in the judgment sample,the judicial confirmation practice form can be concluded to three kinds,one is "the Constitution and the law both called type",the second is "the Constitution single name",its three is "the human rights derivation"."Constitution and Law" refers to the court in the referee reasoning with the constitution and the law as the normative basis to confirm a certain kind of not enumerated constitutional rights,"the form of the Constitution" for the court to only use the Constitution as a normative basis for the confirmation of a not enumerated constitutional rights."Human rights" norms in the Constitution,but also detached from the Constitution,by its special nature,from a class.In the confirmation of the constitutional rights,the Court lacks the understanding of the basic rights of the Constitution under the "citizen-state" confrontation pattern,but the view of the legal right.To confirm the significance of not enumerating the constitutional rights lies in declaring the constitutional spirit,and in the process of general legal relations,which makes the referee's reasoning reasonable.The court adopts this kind of spiritual transfer,which is to restrict the right by rights,to highlight the legal benefit of the case,and to some extent,it has the sense of the high and low level of the value of law.