Study on the Basic Characteristics of Constitutional Case

Nannan QU

Faculty of law, Shandong University of Finance and Economics, Jinan, CHINA

Abstract: Scholars have not yet reached a consensus whether there’s a constitutional lawsuit case in China. Most scholars advocate that China has no constitutional lawsuit. According to this view, "China's current constitution does not require the judicial organs of constitution, so there is no real constitutional litigation" [1]; there are also some scholars advocate that China has a constitution litigation case. This view insists that there’s essential constitution litigation, attached constitutional lawsuit, indirect violation of the constitution though there’s no formal sense constitution litigation, independent constitutional litigation, constitutional litigation in direct violation of the constitution. [2] This problem need to clarify what is the constitution and the basic characteristics of the constitutional case, this article discusses the two problems.

Keywords: Basic characteristics; Constitutional case; current constitution