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在诸多制度之中,宪法诉讼制度发挥着其独特且不可替代的作用和功能。世界各国也先后形成了适合各自国情的宪法诉讼制度,如以美国为代表的普通法院审判模式,以德国为代表的专门法院审判模式和以法国为代表的宪法委员会审查模式。我国学者在综合考虑几种域外模式的基础上,结合我国国情,提出了建立宪法诉讼复合模式的构想。本文着重考量了宪法诉讼复合模式的可行性,在对其特点和优势进行肯定的同时,也提出了其存在的不足之处。
Among many systems, the constitutional litigation system plays a unique and irreplaceable role and function. All countries in the world have successively formed constitutional litigation systems suitable for their respective national conditions, such as the common court trial mode represented by the United States, the special court trial mode represented by Germany, and the constitutional review panel mode represented by France. Based on the comprehensive consideration of several patterns of extraterritoriality and in the light of China’s national conditions, our scholars put forward the idea of establishing a compound model of constitutional lawsuits. This article focuses on the feasibility of the composite model of constitutional litigation, while affirming its characteristics and advantages, but also puts forward its own shortcomings.