Constitutional Review Of Legal Interpretation

In the development of society,whenever there are some cases that have a destructive effect on the construction of order,or when there are loopholes in the application of law,people often hope to solve it by formulating and improving relevant legislation.Attempts to solve problems by interpreting laws within the existing legal framework are often ignored.However,legislation is not the only way.Legal interpretation is the most crucial part of the application of law.Its existence directly affects the way of operation and the purpose of implementation.The status and role in perfecting the legal system cannot be underestimated.Law phenomenon can not always being unchanged with the social changing.The existence of legal interpretations links the established legal texts with the changing social reality and fills in the inconsistencies in the application of the time difference.However,in the existing legal interpretation system in China,the legislature,the judiciary,and the administrative organs have the right to make legal interpretations.Interpreting the complexity and diversity of the subject will inevitably lead to the omission of legal interpretation.In order to put an end to this series of contradictions,it is imperative to strictly examine the legal interpretation.After the 19 th National Congress,the topic of constitutional review has become hotter.The Constitution,as the fundamental law of our country,must be implemented and maintained.In view of the fact that the Constitution cannot be directly invoked as a basis for the case in the trial process,this requires that other normative legal documents such as laws and regulations must follow the spirit and purpose of the Constitution.However,the review mode discussed by scholars is biased towards universality,and there are few references to the constitutional review of specialized legal interpretations.The intermediate links of legal interpretation must be controlled,so the constitutional review of legal interpretation will be an important aspect of China's sound and complete legal system.This article is a study of the constitutional review system of legal interpretation.It consists of four parts: The first part introduces the definition of legal interpretation and constitutional review,and combines the similar concepts of constitutional review with China.On the basis of the analysis of the political system,the necessity of constitutionalreview of legal interpretation is further elaborated.At present,China's legal interpretation review system is not perfect enough to explain that there are several problems in the actual operation that may lead to unconstitutionality.Constitutional review is more necessary.Therefore,in the second part of this paper,the legal interpretations that have received extensive attention in the academic circles in recent years are combined.The case of constitutional review is cited.After the simple analysis,combined with the shortcomings of China's current filing review system,the problems existing in the current constitutional review of legal interpretation in China are introduced.The improvement of the specific procedures of legal interpretation is the top priority of the current legal system.The constitutional review of legal interpretation can be used as the central control part of the legal interpretation system,so as to avoid misinterpretation of the constitutional spirit by legal interpretation due to poor supervision.In the third part of this paper,the concept of constitutional review procedure for legal interpretation proposed by reference to the constitutional review mechanism of major countries outside the country is introduced,and the legal interpretation of the constitutional review system of the United States and Germany is highlighted.Although the legislative interpretation of our country is different from the applicable legal interpretation of other countries,the same pursuit of the rule of law civilization determines that there are some advantages in its long-term practice that can be compatible with China's current legal system.In order to find a way to conduct a constitutional review of legal interpretation with Chinese characteristics on the basis of it.The fourth part is based on the third part,the specific conception of China's constitutional review system,starting from the construction purpose and the entity system,clarifying the constitutional and legal committee's examination subject qualification;empowering the judicial system,interest People and experts,scholars,institutions and individuals share the right to initiate constitutional review of legal interpretation;clarify the review of work procedures and standards,to promote the effectiveness of constitutional review work,improve the construction of relevant mechanisms.