中国宪法诉讼的可能性及现实障碍

The Possibility of Chinese Constitutional Litigation and Its Barriers

中国宪法长期处于非诉化的“虚置”状态而被束之高阁的现象已引起了法学界和实务界人士的高度关注。要使宪法由“纸上之法”成为“现实之法”,就须宪法司法化,宪法进入诉讼领域。目前,我国宪法进入诉讼领域的障碍还很多。但伴随法制环境的逐步改善,公民权利意识和宪法观念的增强将催生中国的宪法诉讼,促使宪法司法化,进而对我国的法制建设产生重大而深远的影响。

The phenomenon of non-litigation of Chinese constitution has been long put aside and neglected, which has aroused the extensive attention both in legal theories and in legal practice. The only way to turn 'paper law' into 'practical law' is to make the constitution go into the litigious course. However, there are many barriers that prevent the constitution from being applied in court. With the gradual improvement of Chinese legal system, the enhancement of the consciousness of people' s right and constitutional notion, Chinese constitutional litigation will have great impact on Chinese legal construction.