The status quo of the judicialization of constitution in China is not very optimistic because the Chinese constitution has not realistically entered the judicial domain yet.

Finally,the authors,recommend that constitutional law applied in courts is urgent need of contemporary constitutionalism in China.

The constitutional law applied in courts has two kinds of meaning.

In our country, the bar to the constitutional law applied in courts is the misreading of constitution.

In our country,the jurisdiction of constitution is the requirement of human rights indemnification,of law nature and highest post of Chinese Constitution,of rule of law and market economy construction and is the most important measure of constitution indemnifications.

Abstract: This paper aims to make a realistic interpretation of judicialization of the Constitution in order to make the discussion of this Chinese-characteristic problem ingrained into the practice of China s Constitution and besides gain corresponding significance in the two aspects, i.

Chen Xiaoqi s case accused by Qi Yuling has caused a heated discussion on the judicialization of the constitution in which there are two stands about its understanding,ie.

American judicial review is regarded as one of the most successful constitutional judicature system in the world, which has important significance to the constitutional judicature in china.

“Mabury v Madison,1803”,which gave a birth to Constitutional Judicature, established a precedence that judiciary investigate to decide whether a law is unconstitutional or not.