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A Study on the People's Courts' Citing the Constitution

Zhu Fu-hui

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Abstract

In their routine work,the people's courts of the PRC will occasionally cite provisions of the Constitution,as to the natures and effects of which the opinions of scholars and judicial officials vary greatly. This author maintains that the people's courts' citation of the Constitution while deciding cases,though not amounting to application of Constitutional,will certainly encourage application of law. The citation of the Constitution where necessary is to certify that a civic right is under protection of law or to justify the choice and application of law.

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What this paper is about

In their routine work,the people's courts of the PRC will occasionally cite provisions of the Constitution,as to the natures and effects of which the opinions of scholars and judicial officials vary greatly. This author maintains that the people's courts' citation of the Constitution while deciding cases,though not amounting to application of Constitutional,will certainly encourage application of law. The citation of the Constitution where necessary is to certify that a civic right is under protection of law or to justify the choice and application of law.

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Available abstract

In their routine work,the people's courts of the PRC will occasionally cite provisions of the Constitution,as to the natures and effects of which the opinions of scholars and judicial officials vary greatly. This author maintains that the people's courts' citation of the Constitution while deciding cases,though not amounting to application of Constitutional,will certainly encourage application of law. The citation of the Constitution where necessary is to certify that a civic right is under protection of law or to justify the choice and application of law.

Key concepts: Constitution, Law, Political science, Citation, Work (physics), Sociology, Mechanical engineering, Engineering

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