宪法司法化分析.pdfVIP

Abstract Abstract AAbbssttrraacctt Constitutionistheguarantyofcivilrights.Asthefundamentallawofourcountry, the object of constitution is to safeguard the fundamental rights of civil in maximum and prevent the authorities from infringing on civil rights by regulating national acts. As our country in a period of social transformation, development and changes with each passing day; coupled with legal norms of the existing behavior, always behind the characteristics of social development, at present, in Chinas judicial practice there have been some difficult cases in the application of the law. Based on this case, there has been discussion on the applicable constitutional justice, and even some scholars have putforth the applicableprinciples ofconstitutional justice.To solve thisproblem, theorists and practitioners have different views can be described today.The supporters always refer to the Preamble to the Constitution, the fundamental law of the constitution for the country with the highest effectiveness of the activities of all organizations in the country to the Constitution this passage of the guidelines for activities to prove the legitimacy of Constitutional Judicial Application. With diametrically opposed point of view, the Constitution in the judicial application of the process is widely applicable, the Constitution will reduced to the status of the other departments,law,andmayevencausetheimplementationoftheconstitutionchaos. We believe that the Constitution applies to judicial practice, you can compensate for the deficiencies of the existing law. But in application you want to set certain restrictions to be applied conditionally, or else, as opposed to the commentators said that the judicial application of the Constitution would reduce the authority of the Constitution. The paper is divided into five p