Research On The Application Of Constitutionality Interpretation In Civil Judgments

The application of constitutionality interpretation in civil judgment deepens the connotation of invoking constitutional reasoning,plays the function of protecting the rights and interests of the parties,and promotes the full implementation of the Constitution.The clarity of the connotation of constitutionality interpretation is the foundation of academic research and the key to guide judicial practices.In the dimension of application field,constitutionality interpretation is a method of legal interpretation used by ordinary courts in judgement;in the dimension of the object of interpretation,the constitutionality interpretation is a method of legal interpretation with law as the object of interpretation but accompanied by the interpretation of the constitution;in the dimension of the type of rules,the constitutionality interpretation is a legal interpretation method to interpret low-order laws according to the provisions,principles or spirit of the Constitution,including simple interpretation rules,conflict rules and preservation rules.Among the more than 30,000 judgment documents that meet the search conditions,a total of 46 sample judgment documents of constitutionality interpretation used in civil judgment are selected.By examining the appearance time of judgment documents,the level and geographical distribution of courts,and the invocation of constitutional provisions,we can show the practical forms and patterns of the application of constitutionality interpretation in civil judgment.Through the substantive investigation of the application situation,it is found that the application of constitutionality interpretation in civil judgment has the functions of simple interpretation,selection,selection and exclusion,and there are difficulties in the different understandings of the concept of constitutionality interpretation,the rough application forms and so on.Meanwhile,the theoretical research also has some difficulties,such as weak related research,weak awareness for guiding practice and no obvious function of empirical research.In order to effectively relieve the dilemma,the inquiry on the root cause of the dilemma exposes the deficiencies in theory and practice,such as the connotation and attribute of the constitutionality interpretation is not clear,the conditions and rules applied in civil judgment are not clear,and the supervision mechanism applied in civil judgment is not extensive enough.The determination of the nature of the application of the constitutionality interpretation in the civil judgment is the basis to prove the nature of the indirect application of the constitutionality interpretation and build the theoretical system of the application of the constitutionality interpretation in the civil judgment.The nature of the indirect application of the Constitution is the logical starting point to prove the legitimacy and particularity of the application of the constitutionality interpretation in the civil judgment and to construct the supervision mechanism.This firstly lies in the nature of indirect application of the constitution.Based on the nature of constitutional application as a special form of law application,this paper retrospects jurisprudence theory to study the meaning and type division of law application,and clarifies the concept of constitutional application,providing a new argumentation path for the proof of indirect application of constitutional application.While completing the verification of indirect applicability of constitutionality interpretation,it is verified from the perspectives of judicial syllogism,the determination of legal effect and the effectiveness of constitutional application.Secondly,it is necessary to prove that the application of the constitutionality interpretation with the indirect applicability of the Constitution has theoretical space in civil adjudication.On the one hand,based on the fundamental law and supreme law status of the Constitution,civil law and interpretation are endowed with constitutionality requirements and should be implemented in accordance with the value order of the constitution.On the other hand,it derives from the socialist attributes embodied in the core values of our country’s civil law,the social construction goal of developing socialism with Chinese characteristics and the order adjustment goal of developing the socialist market economy.Finally,it is necessary to prove that the application of the constitutionality interpretation,which is endowed with the indirect applicability of the constitution,has normative space in civil adjudication.The interpretation of the 13 th paragraph of the preamble of the Constitution,Articles 62 and 67 of the constitutional interpretation power and article 131 of the independent trial system can reserve normative possibilities for the indirect application of the Constitution by the court.In addition,the norms for the production of civil judgment documents,the guiding opinions on the interpretation of judgment documents and the guiding cases of constitutionality interpretation provide normative basis for invoking the legitimacy of the interpretation of the Constitution,which together constitute normative space for the application of the indirect applicability of constitutionality interpretation in civil judgment.The conditions and limits of the application of constitutionality interpretation in civil judgment are the boundary frame of the application of constitutionality interpretation in civil judgment,which has theoretical logic,normative basis and practical basis.Its theoretical logic lies in the limitation of public value order of basic rights compared with universal objective value order for the scope of effectiveness of basic rights,the necessary but limited intervention of public law in the autonomy of private law,and the substantial impact of the constitutionality interpretation shown in the sample judgment documents on the outcome of the judgment.Its normative basis comes from the relevant constitutional norms under the dimension of constitutional interpretation power and constitutional supervision power,legal norms such as organic law of the people’s courts and judges law,as well as judicial interpretation documents such as the norms of producing judgment documents and the interpretation norms of judgment documents.Its practical basis lies in the limited conditions of the application of the constitutionality interpretation revealed in the sample judgment documents in the practice of civil judgment,which can be summarized as: there are multiple interpretation schemes,there are constitutionality doubts and there are public factors.The clarification of the rules of the application of constitutionality interpretation in the civil judgment is the method guide of the application of constitutionality interpretation in the civil judgment,and requires the elaboration of the steps,paths and limits of the application of constitutionality interpretation in the civil judgment.The steps of the application of constitutionality interpretation in civil judgment are the self-examination of the subject condition,the identification and elucidating of the fact condition and the identification and reasoning of the normative condition.The concrete ways of applying constitutionality interpretation in civil judgment are divided into the general way of invoking constitutionality interpretation and the special way of integrating socialist core values into the interpretation of judgment documents.The limits of the application of constitutionality interpretation in civil judgment come from the following three aspects: first,based on the requirements of the nature of legal interpretation methods and the order of the application of different types of rules of constitutionality interpretation;second,based on the validity of the conclusion of constitutionality and the principle of constitutionality presumption that should be carried out in the process of constitutionality judgment;the third is the direct prohibition of constitutional application based on the constitution and the avoidance of the reinforcement argument with simple connotation.The supervision mechanism of constitutionality interpretation in civil judgment is the system guarantee to ensure the normative application of constitutionality interpretation in civil judgment,which consists of the internal supervision of the judicial system and the external supervision of the Standing Committee of the National People’s Congress.According to the different subjects,the supervision of judicial organs is divided into the trial level supervision of higher courts,the guidance supervision of the Supreme People’s Court,and the civil procuratorial supervision of procuratorial organs.According to the different period of supervision,the NPC Standing Committee’s supervision is divided into the linkage of constitutionality interpretation and constitutional review in case trial,the convergence of constitutionality interpretation and constitutional review after judgment,and the daily NPC Standing Committee’s supervision of the work of the Supreme People’s Court.The implementation of the NPC Standing Committee’s supervision of constitutional review relies on the review requirements and suggestions of the people’s courts,the review suggestions of citizens and the clues provided by the case-by-case rights remedy system,which is helpful to the linkage and mutual promotion of the constitutionality interpretation and constitutional review.