The constitution is the fundamental law of our country, it plays a dominant role in the legal system of the whole country, has the highest legal effect, total constitution is not only the country safeguard a country, which is also the basis for the citizen must always act.But because the constitution is a guiding role, is the direction of the other laws and principles, so people use the constitution to protect their own rights behavior is rarely, the constitution is difficult to a prosecution ten years ago in Shandong, became the first case of our constitution.
Qi Yuling was a poor girl, but she is a hard worker, after a struggle, she has been admitted to a school, at that time it is an important opportunity to change destiny.Her village friends Chen Xiaoqi also attended the exam but not by.Chen Xiaoqi's father is the village Party branch secretary, because of this, he took advantage of the position, and the Bureau of education leadership and school personnel gang up, let her daughter go to school with Qi Yuling's name, and Qi Yuling is live in a drum, could not go to school.Her parents had no economic ability to let her again, she can only enter the society, to become a member of farmers and workers.Over the past few years, two people's circumstances vary: after Qi Yuling downs became a laid-off workers, by selling breakfast for a living, while Chen Xiaoqi has become a bank staff.By chance, Qi Yuling learned the truth of the matter, anger, will Chen Xiaoqi father and daughter and the relevant personnel to court, require the maintenance of right to education itself and other rights and claim.Final court sentence the defendant to stop Qi Yuling name rights continue to infringe, and compensation for one hundred thousand yuan.
The provisions of the constitution, our citizens have the equal right to receive education, case the defendant but they have privileges to deprive the rights of others, should be subject to legal sanctions.The case became the first use of the constitutional rights of examples, but because in the judgment, more is based on the civil law (such as the right to name etc.) and does not have to be in accordance with the constitution, so it doesn't really push the judicial process starts in china.The highest judicial interpretation about this case also is to have stopped using and abolished, but thinking and discussing its brought far-reaching influence.
The constitution guarantee the rights of every citizen, we must strictly according to the usage, respect the rights of others, to protect their rights.