集会、游行、示威是我国《宪法》规定的公民基本权利,但在当下的行政诉讼实践中,集会类行政许可案件呈现出“不许可-不受理”的状态,其结果使得公民行使这类权利成为不可能。从宪法角度看,行政机关,特别是人民法院的行为模式的合法性不无疑问。在现行法律规范的框架下,人民法院的宪法自觉应成为权利保护的关键,而《宪法》和《立法法》规定的相关制度如何发挥保护基本权利的应有作用,也值得期待。 Rally, procession and demonstration are the basic citizens’ rights as stipulated in the Constitution of the People’s Republic of China. However, in the current practice of administrative litigation, the administrative license cases of rally show a state of “impermissible - inadmissible” and as a result, citizens exercise this Class rights become impossible. From a constitutional point of view, the legitimacy of the mode of conduct of administrative organs, especially the people’s courts, is not without doubt. Under the framework of current laws and regulations, the constitutional consciousness of the people’s court should become the key to the protection of rights. However, it is also worth the wait to see how the relevant systems stipulated in the Constitution and the Legislation Law should play their due role in protecting basic rights.