论公民权利的宪法保障

Constitutional Guarantee of Civil Rights

宪法对公民权利的详尽规制 ,不应是原则性的条款表述 ,而应以规则性条款加以规定 ,以便于公民权利的宪法规制在宪法实践中的具体援引和作为司法判断的依据。确认宪法对公民直接效力和确认宪法对公民受侵犯而予以直接救济 ,已成为法治下市场经济发展的必然要求。在国际上将公民权利的有效保障视为民主和法治的重要标志的潮流下 。

The detailed rules of constitutional rights shouldn't be described in matters of principle, but in matters of regulation in order that the constitutional provision of civil rights becomes the basis of specific quotation and judicial evidence for judgment in constitutional practice. The confirmation that constitution renders a service to citizen and gives relief directly to them when they are infringed becomes the necessary demand of market economic development under law. there is an inclination of considering effective guarantee of civil rights as the important symbol of democracy and law in the world, hence our country's constitution should make necessary response to the feasible guarantee of civil rights.