我国宪法非讼化的现象及原因分析

An Analysis of the Results and Causes of the Nonlitigation of Chinese Constitution

依法治国首先应该依宪治国,但我国长期以来的习惯做法却是宪法不直接适用于司法审判,形成宪法“非讼化”局面。形成宪法“非讼化”的主要原因在于受前苏联的影响、我国民众的宪法现念淡薄、对宪法本质特征的认识不足,以及对最高人民法院的几个司法解释的误读等。

To rule by law, first of all, is to rule by constitution, But in China, theconstitution has long been excluded from direct judicial trials and thus formed the 'nonlitiga-tion' situation that is not beneficial to the protection of citizens' fundamental rights, to the es-tablishment of the authority of constitution as well as to the full play of the judicial function ofcourts. The main causes of constitution 'nonlitigation' are due to the influence of the formerSoviet Union, people's little knowledge of the Constitution, inadequate understanding of theessence of the Constitution as well as the misinterpretations of some judicial explanations by theSupreme People's Court.