宪法权利救济之比较研究——兼论完善中国宪法权利救济制度

A Comparative Study on the Remedy for Constitutional Rights——On the Consummation of Constitutional Rights’ Remedy System in China

宪法权利救济制度对于维护和保障公民宪法权利至关重要,根据宪法权利受到侵害的对象不同可将其分为直接的宪法权利侵害和间接的宪法权利侵害。以此为基础,本文通过分析英、美、德、法等具有代表性的国家的宪法权利救济制度,提出并论证我国应建立宪法诉讼制度和违宪审查制度这一复合宪法权利救济模式。

The remedy system of constitutional rights is very important for protecting and safeguarding citizens’ constitutional rights. According to the violated subjects, the violation of constitutional rights is divided into two categories. One is direct violation and the other is indirect violation. Based on the above and by analyzing the remedy systems in some representative countries such as the Britain, the USA, Germany and France, this paper proposes and argues that Constitutional Litigation and Review on Violation of Constitution System, which is called compound remedy model of constitutional rights, should be established in China.