谈我国宪法在司法审判中的适用

宪法是法律,在审判中适用具有正当性,然而宪法不是一般的法律,是根本法,在审判中的适用又具有有限性。在实行依法治国、建设社会主义法治国家的今天,宪法应当在审判中适用,但决不能走司法审查的道路,只能根据我国的国情建立专门机关(宪法法院)的宪法监督模式。

Implementation of the Constitution in Judicial Trial in Our Country

Constitution is a law, which has reasonable ground in the applications in trials. Yet it is not a common low, but fundamental low, which hasits limitations in its applications. In modern china which carries out the policy of "governing the state by low", discuss on constitutional applications in judicial trials has realistic meaning. This article holds that constitution should be applied in trials, but by no means should it follow the way of judicial investigations. Constitutional supervision mode can only be set up according to national conditions in china.