Ways of and Approaches to Judicial Enforcement of Constitution in Present China

While applying a law,courts must interpret it and its interpretation is required constitutional.As such,constitutional interpretation is deemed the best way for us to enforce the Constitution judicially within the existing regime.While hearing cases,whether civil or criminal,or cases brought against an administrative agency,China's people's courts in different levels are required to make constitutional interpretation of laws.The fact that each judge is empowered to construe laws as well as the Constitution does not deny the supremacy of the judicial interpretation of the Highest People's Court or the final say of the Standing Committee of the Peoples' Congress of China in terms of construction of laws and the Constitution.By way of constitutional interpretation,courts indirectly apply the Constitution rather than directly invoke it as an authority.However,it is necessary to adduce the quotations from the Constitution in judge's opinions.Where courts find the provisions in a law unconstitutional,they should suspend the trial and report the case to their superiors.And finally it is up to the Highest People's Court to report to the People's Congress to have the problem solved.