| The foundation of the life of the constitution is implementation. The prerequisite of the implementation of constitution is that the constitution must be a living law, instead of a law staying on paper, which can not be enacted. Since the closing of the fourth Plenary Session of the 18 th CPC Central Committee, the judicial reforming has become one of the key fields of reforming policy. The implementation of the constitution is a key judicial reforming policy being highlighted by the communiqué of the session. However, there can be a great difficulty to implement the constitution through the present legal system of China, because neither British or American judicial review mode, nor the German or French specialized department review mode could be used for the implementation of the constitution of China. What’s more, we do not possess any experiences about the implementation of the constitution under the political framework of our country, both in the pragmatic field and the academic field. Consequently, a more flexible mode of constitutional implementation should be adopted. And the legal interpretation in accordance with the constitution is such an appropriate mode which suits the Chinese reality.However, there are tremendous controversies about the legal interpretation in accordance with the constitution in the pragmatic field as well as the academic field. The concept of the legal interpretation in accordance with the constitution could be subdivided into two different mode, constitutional review rules and pure interpretation rules. The constitutional review rules are adopted by the common law courts of the United States, while the pure interpretation rules are applied by the countries of civil law system, for example, Germany. On the basis of analyzing a variety of modes, and considering the condition of Chinese political framework, I think the pure interpretation rules is more appropriate for Chinese courts to implement the constitution in the future.First of all, the article first clear explanation of basic theory, namely the constitutional legal interpretation, and its technical rule type may be defined as unconstitutional censorship rules and simple explanation, according to the explanation of connotation and technical rule type defines explanation as unconstitutional censorship rules and simply explain the two properties, and apply for the explanation of the court from the authority of the constitution and implementation, legislative power and stability of Angle, set the tone for the article.Secondly, summarize the present situation of the explanation about the court apply both at home and abroad, summarizing the foreign court for explanation, on the basis of the status quo of China’s constitutional court apply, made a more detailed analysis of the current situation of our country constitution court apply into constitution quoted and constitutionality explain two kinds, through the analysis of the specific situation in our country, draw unconstitutional censorship rules do not tally with the contemporary Chinese political system, and simple constitution quoted cannot solve the problems in the constitutional court apply process in our country, only simple explain rules apply is the best way to apply the constitution court in our country.Third, the power of the court in determining the simple explanation rule is the best way to apply the constitution, there are many theoretical issues need to solve, the first is for is simply explain the rules of constitutional interpretation or legal interpretation of the problem, the author will be interpreted as a double explanation, but although explanation involves the constitutional interpretation, but this kind of constitutional interpretation more sense is a kind of constitution explanation, do not have lasting legal effect, it is to eliminate the theoretical obstacle of application of explanation and interpretation of constitutionality in the article the feasibility from the constitution, the constitution of comply with the status quo of constitutionality, the implementation of the constitution interpretation are analyzed, and explains the applicable for constitutionality solves the practical obstacles.Finally, construct the court applicable explanation of concrete system. By means of factor analysis, that is, from the judge system of quality, taboo, and build the core system, system technique the difficulty and heavy one by one analysis, will build the constitutionality of the court will eventually apply to explain concrete system build up. |
