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Dołączył: 29 Paź 2010
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 Wysłany: Wto 8:47, 14 Gru 2010 Temat postu: glätteisen ghd What constraints the Constitution W |
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What constraints the Constitution Who?
In that case, the plaintiff and the defendant ling Chen Xiaoqi attended the same junior high school in 1990, Jining Business School ling was admitted,[link widoczny dla zalogowanych], but they conceal the fact that Chen Xiaoqi Qi Yuling's name to the theft of business school student. During the second trial the case, the Supreme People's Court of Shandong Provincial Higher approval issued a pointed out: Chen Xiaoqi and other means of infringing the right of the name, violated the provisions of the Constitution ling and enjoy the basic rights to education, and caused the specific consequences of the damage should bear civil liability. This paper from China Union [link widoczny dla zalogowanych] collected. The case immediately attracted wide attention from scholars of domestic law, and was highly praised, many people hailed China its \rejoice for direct protection. Remarkable case at a lot, but this article concerns only one issue, namely, the main defendant Chen Xiaoqi case is an ordinary citizen, not government agencies, and the basic constitutional rights can be used whether against the behavior of individual citizens, individual citizens can become the subject of fundamental rights violations? On this issue, given the different constitutional system the answer is not the same. According to Western constitutional theory, in general, only the state, not individuals, have a constitutional obligation to respect and protect fundamental rights. Example the U.S. Federal Constitution, in addition to the Thirteenth Amendment (prohibiting slavery and forced labor) of the Government and individual citizens are binding force, the other constitutional norms are only bound by acts of state, so whether the wrongfulness of individual citizens how serious the behavior, even for murder against other people's lives, but also just ordinary criminal offenses,[link widoczny dla zalogowanych], and not violation of the Constitution, the only country without due process and constitute unconstitutional eligible citizens were killed (Fifth Amendment). In the human being have the rights, what what constitutes basic constitutional rights? Western answer to this is clear: only the basic rights of human rights is, but the \Supporting the modern understanding of human rights is a recognition of basic concepts: responsibility to comply with human rights obligations is the government. Indicates the fundamental rights of the boundaries of state power, its essence is to resist the state's misconduct, not a private illegal. For example, the property rights enshrined in the West, as a constitutional right to levy against the wrong country, and not others, theft, fraud and destruction of property rights are private rights which can only be content, but by no means a constitutional fundamental rights. The eighteenth century to describe a British Prime Minister had said that the sanctity of property rights, even the poorest people, you can also shabby homes in front of his contempt for the authority of the King: wind energy into the rain to enter, but the king can not enter! This clearly reflects the understanding of the fundamental rights of the West. Why the country deserves special treatment, that only States to identify the main obligations of fundamental rights? The major reason is that, in various social entity, the State holds the most powerful and formidable force, and the vigilance of the government and rooted in Western tradition, a tyranny more than ten thousand murderous thugs It is generally believed that the abuse of state power, the harm caused, even more than the abuse of individual rights, the harm caused. Former U.S. President Ronald Reagan once said: \So if the Government want to do good to first assume that the evil, purports to Maxima dash to first to put reins on its cage. The development of Western constitutional history is a history of tyranny, the people gradually tamed, and throughout their basic spirit of the Constitution always is to restrict government power, not bound people. Constitution is the \Constitutional rights only as against the country's \ So, it seems that constitutional rights apply only to one party is the country's administrative proceedings or criminal proceedings,[link widoczny dla zalogowanych], the parties are all equal in civil proceedings in the main room does not exist. But that is not the case, Western countries apply the Constitution in civil cases are not uncommon, this phenomenon is known as the constitutional rights of the \, the same obligation to respect and protect constitutional rights. U.S. Supreme Court has insisted that only related to national acts to protect the constitutional rights apply, but even in civil cases, as long as the plaintiff or the defendant invoked the law to obtain relief, or to defend, there is an act of state,[link widoczny dla zalogowanych], here Although the party is still private, and in the behind is the state party claims, so those who have been invoked by parties to the civil law is still subject to judicial review, shall not infringe the constitutional rights of the parties. Germany in the 20th century, 50 to 60 years the Constitution has directly applicable to private law cases can have an argument broke out,[link widoczny dla zalogowanych], after repeated trials of strength, and finally establishes the basic rights of a third person indirect application of the principle that Constitution indirectly through the civil law binding on civil courts in accordance with the spirit of the Constitution to interpret the provisions of the general civil law, but the Constitution does not directly applicable in civil cases. Constitutional rights above the \.
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