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1990年山东某市中学生齐玉苓考上中专,但齐的同学陈某在其所在中学和父亲的共谋下冒齐之名上学和工作直到1999年。这一年,事情真相大白,于是齐以陈某、陈某父亲及原所在学校等为被告起诉到法院,请求责令被告停止侵害、赔礼道歉并赔偿经济损失。最高人民法院于2001年7月24日发布《公告》,公告了一个以下引述文为实质内容的《批复》:“经研究,我们认为,根据本案事实,陈等以侵犯姓名权的手段,侵犯了齐依据宪法规定所事受教育的基本权利,并造成了具体的损害后果,应当承担相应的民事责任。” 2001年8月22日,山东青岛3名应届高中毕业生在山东德衡律师事务所两位律师的陪同下,前往北京,准备向最高人民法院递交诉状,状告国家教育部,理由为国家教育部侵犯了3名考生接受平等受教育权的宪法权利(即相同高校面向全国各地省市的录取分数线不同)。此案被一些法学专家学者称为“中国宪法司法化第一案”。 2002年1月7日,四川大学法学院1998级学生蒋韬一纸诉状,将中国人民银行成都分行告上法庭,理由是该行招聘限制身高,违反了宪法关于“中华人民共和国公民在法律面前人人平等”的规定,侵犯了其担任国家机关公职的报名资格。该案被称为“中国宪法平等权”第一案。 宪法司法适用问题长期以来没几个人重视,近几年如约而至,突
In 1990, a middle school student in Shandong city was admitted to secondary school by Qi Yuling, but his classmate Chen went to school and worked until 1999 under the complicity of his high school and his father. This year, the truth was clear, so Qi Chen, Chen’s father and the original school prosecuted to the court for the defendant, requested the defendant to stop infringement, apologize and compensate for economic losses. The Supreme People’s Court issued the “Notice” on July 24, 2001, announcing one of the following quotations as the “reply” to the substance: “After research, we believe that according to the facts of the case, Chen et al violated the right of name and violated In accordance with the constitutional provisions of the basic education of the basic rights, and caused specific damage, should bear the corresponding civil liability. ”August 22, 2001, Qingdao, Shandong Province, three fresh graduates in Shandong Deheng law firm Accompanied by the two lawyers, he went to Beijing to file his petition with the Supreme People’s Court and sued the Ministry of Education on the ground that the Ministry of Education of China violated the constitutional rights of three candidates to receive equal rights to education (that is, Provincial admission scores vary). The case was referred to by some legal experts and scholars as the “First Case of the Judicialization of China’s Constitution.” January 7, 2002, Sichuan University Law School 1998 student Jiang Tao a paper complaint, the People’s Bank of China branch in Chengdu on the grounds that the bank limits the height of recruitment, in violation of the Constitution on “People’s Republic of China in front of the law Equality for all ”, violating the qualifications for registration as a public official of a state organ. The case is known as the first case of “China’s constitutional equal rights.” The issue of the judicial application of the constitution has long been neglected by a few people and has risen prominently in recent years