Demonstrate The Judicial Application Of Constitutional Interpretation In China

Constitutional interpretation is a hot research topic in the constitutional circle of our country at present.The constitutional interpretation discussed in this paper mainly refers to as a legal interpretation method.Constitutional interpretation requires the court to make an interpretation consistent with the constitution in the process of judicial adjudication,and when there are several legal interpretation results,it should exclude those suspected of violating the constitution and give priority to those consistent with the constitution.In general,the main contents of this article are as follows:In the first part,the author first elaborates the basic concept of constitutional interpretation in detail from the following three aspects: the dispute over the concept of constitutional interpretation in China,the original meaning of constitutional interpretation in Germany and the author’s point of view.Secondly,the author focuses on the introduction of constitutional interpretation methods into China’s judicial field,which will play its main functions of maintaining the unity of legal order,protecting citizens’ basic human rights and promoting the implementation of constitutional supervision.Finally,based on the current constitutional text and relevant legal theories,the author elaborates in detail the legitimate basis of the constitutional interpretation used by our courts,namely,the principle of supremacy of the constitution,the legal duty to ensure the implementation of the constitution and the derivative constitutional interpretation power enjoyed by the courts.In the second part,based on the legal documents that have been published in our country,the author finds that there is indeed a judicial practice in our country in which the courts have explicitly expressed the use of constitutional interpretation methods.Although the author found only one case,it also proved that the application of constitutional interpretation in judicial practice in our country is real and rare.At the same time,the author also found some judicial practices of "quasi-constitutional interpretation" which are not named as "constitutional interpretation",but reflect some meaning of "constitutional interpretation".Moreover,the author believes that by analyzing the main characteristics of these "quasi-constitutional interpretation" judicial practices and summarizing the main problems existing in the process of applying constitutional interpretation in our courts,it can provide direction for the construction of specific applicable rules of constitutional interpretation in our judiciary.In the third part,the author mainly bases on the basic status quo and main problems of constitutional interpretation in China’s judicial practice,and combines with China’s unique constitutional political framework to construct specific applicable rules of constitutional interpretation in China’s judicial adjudication from the following four aspects: applicable premise,applicable rules,applicable effect and applicable guarantee.In general,the author believes that all courts in our country can apply constitutional interpretation in judicial practice,but they must meet the three prerequisites of "cases involving citizens’ basic rights,existence of specific legal loopholes,and failure to realize case justice by relying on traditional legal interpretation methods".Secondly,the author believes that ordinary courts should also follow certain formal and substantive rules when applying constitutional interpretation methods.For example,the court should clearly indicate in the judgment document that the constitutional interpretation method has been used.The court should elaborate on the process of constitutional interpretation in the judgment documents.The court shall clearly and completely state the specific clauses or basic principles of the quoted constitution in the judgment documents.To sum up,the author believes that constitutional interpretation is not inconsistent with China’s constitutional political system.Courts at all levels in China have the right to use constitutional interpretation methods.This can not only promote the effective implementation of the constitution,but also make up for the lack of starting constitutional review procedures in China,thus helping to further protect the basic rights of the parties and realize the fairness of individual cases.Although it is a long way to go,long and difficult to normalize the constitutional interpretation used by our courts.But even so,we should still have confidence in it.The road ahead will be long.Our climb will be steep and we wish China’s rule of law cause by going up one flight of stairs.