Choice of Constitution applies（宪法适用的选择）.doc

Choice of Constitution applies [Abstract] To really seriously and implement the Constitution, must choose to apply the Constitution as an implementation of the Basic Law, the basic nature of the Constitution decided to only certain provisions of the Constitution in order to be directly applicable to the Constitution is not just a political declaration, and therefore generally do not positive right which should be directly applicable provisions, the Constitution is not the common law, and thus should not apply its provisions civic obligations or economic policy details, these matters should be left to the legislature. clarify the application of the constitutional text structure, China Constitution is can be applied and implemented. Firstly criticized several theories of political constitutionalism Constitution apply theory in order to clear obstacles. Secondly, this paper investigates the basic principles of the Constitution applies, and proposed screening can be directly applicable provisions neutral the applicability of the standards. use of applicable standards of the Constitution screening of “Eight Second Constitution in line paragraph, and thus the formation of the an applicable constitutional structure. [Keywords] Constitution, political constitutional studies, judicial constitutionalism, select the appropriate Introduction - the Constitution applies the “middle road” “Eight Second Constitution since its enactment, unknowingly has existed for three decades in the past three decades, Chinese society has undergone earth-shaking changes, not only the rapid economic growth, the economic, social and legal system has undergone a dramatic transformation, and people’s awareness of the Constitution has also undergone a huge change to the Constitution itself has experienced four constitutional amendment, faithfully recorded the history of progress since the reform and opening up, but this also poses a problem. existing constitution was enacted in the early d