A Study on the People's Courts' Citing the Constitution
Zhu Fu-hui
Abstract
Zhu Fu-hui
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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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