国外宪法诉讼模式及其启示

On Modes of Overseas Constitutional Litigation and Their Enlightenment

国外宪法诉讼有三种模式,在理论基础上存在差异,在实际效果上各有优劣,并不存在放之四海而皆准的标准模式。因此,我们必须根据各自国家的文化传统、现有理论及时下的制度经验来构建"中国"的宪法诉讼制度。

There are three modes of overseas constitutional litigation,in which there exist differences in theory,advantages and disadvantaged in practical effect.However,there is no standard mode which can be used in all circumstances.Thus,we have to construct the Chinese constitutional litigation system based on the cultural tradition,the existing theory and present experience of the law system of different countries.