论我国宪法中人权条款的直接效力

A Discussion about the Direct Effectiveness of Chinese Constitution

宪法人权条款具有直接效力是当代世界宪政运动的一个趋势 ,亦是宪法自身的要求。承认人权条款的直接效力是中国宪政运动的当务之急。本文认为 :宪法的法律性应予重申 ,且法院的使命在于实施宪法 ;由于宪法人权条款的“具体化”中存有诸多疑问 ,故应使宪法人权条款具有直接效力 ;

Making the articles of human rights of constitutions have direct effectiveness is one of the currents of constitutional movement in the present age of the world, and also is the request of constitutions themselves. It should be admitted that the human rights articles of constitutions have direct effectiveness, which is the urgent affairs for the constitutional movement in China. The author holds in this paper that our constitution’s nature as law should be reaffirmed, and the duty of courts is to bring the constitution in to effect. The articles of human rights of Chinese constitution should have direct effectiveness in courts, because there are many problerms in the process of making the human rights articles embodied in common laws. Further more, courts to be endowed the power of explaining of constitution with is the necessity for the constitution bring itselfinto effect.