A Study On The Structural System And Constitutional Interpretation Function Of The Core Values Of The Constitution

To integrate the socialist core values into the construction of the rule of law,we must first integrate them into the constitution.The core values of the constitution are the standard expression of the core values of socialism.Through the confirmation of the constitution,the core values of socialism enter the legal system and gain the normative significance.The core values of socialism are the high cohesion of the core values of the constitution.Through the refinement of the core values of socialism,the core values of the constitution interact with the community life in two ways,consolidating the root The legitimacy basis of this law.To integrate the socialist core values into the construction of the rule of law,we must deal with the integration of the extrajudicial values and the legal system.To integrate core socialist values into the legal construction,we must deal with the integration of the extrajudicial values and the legal system.The "Twelve values" in core socialist values are a dialectical and unified whole.If any of the values escapes from the whole and enters the legal system alone,it may destroy the stability of the law.core socialist value should not be regarded as a green channel for the extrajudicial value to enter the legal system,but as a screening element for the extrajudicial value to enter the legal system.Based on this judgment,the "integration" of core socialist values needs to complete the transformation of three "interpretation positions" : Firstly,from moral philosophy to legal philosophy;Secondly,from political decision to constitutional norms;Thirdly,from Constructivism to transcendentalism.The transformation from moral philosophy to legal philosophy emphasizes on the transformation of distinguishing position of "good and evil" in the ideological source of core values from the "black-and-white struggle" ethical significance to "balance of justice and interest" in the real relationship.By examining the influence of the core values of foreign countries on the norms of reality,the concern of China's excellent traditional culture for the cause of nation and country,the advocacy of Marxism theory of value for human development,and the response of China's core values to the practical requirements in the changes of modern times,an interpretation position of value of a new Collectivism called " a person--a community--an individual" is formed.Next comes the transformation from political decision to constitutional norm.There is a deep origin between core socialist values and the constitution,which are inseparable.The constitution that can't embody the core values is a cold legal provision,and the core values that are not expressed by the constitution are empty political slogans.The incorporation of core socialist values into the constitution is a high cohesion of the value system of the constitution,a summary of the experience and theoretical sublimation of the practice of the incorporation of "core values" intoconstitution,an inevitable result of the continuous response of the spiritual civilization construction of the constitution to the moral dilemma of real life and the constant attention to "the free and all-round development of human beings".The text of the constitution fills in the abstraction of the political expression of core socialist values and endows the normative meaning of the core values in the context of the rule of law so that the common law can be interpreted constitutionally and the normative connection with the moral connotation of core values can be established.The third comes the transformation from constructivism to transcendentalism.The core values of the constitution are a kind of value structure of pluralism and integration.The so-called "pluralism" refers to the vertical distribution of the three levels: individuals,society and the state and the horizontal display of the equal coexistence of pluralistic values.The so-called "integration" refers to the vertical value linkage among individuals,society and the state through some commonness,and horizontally a transcendental value community formed by a "Twelve Core values" through internal self-regulation and self-improvement.The structural feature of the pluralistic integration of the core values of the constitution determines that its theoretical orientation should be the guidance of the transcendental value.It starts from the moral enlightenment of human rationality and ends at the moral demand of human understanding.It is the reverse awakening of human characteristics in the moral life of community.Let's explain it in another way.The transcendence of the core values is different from the nihilism hidden in the tolerant principle of liberalism.It believes that people have the ability of self-examination and can reach a common pursuit of "aiming at absolute perfection" through mutual understanding in the process of multiple interactions.It acknowledges the rationality of the dominant position of pure rationality in constructivism,but denies the dominant role of pure rationality in practical rationality;it acknowledges that the practical rationality of empiricism can breed a moral rule that meets the needs of community life,but denies the finality of this moral rule.In the reconciliation of pure reason and practical reason,Kant regards good will,immortality of soul and existence of God as the cognitive logic of moral public establishment,and can't certainly deduce the inevitable connection between moral reason and virtue of behaviors.Only through the two-way coupling between the personified "heaven" and the conscientious "man" can we realize the blending of "natural principle" and "human feelings" in "moral reason".This blending of "natural principle" and "human feelings" also provides theoretical support for the passage of the internal and external value order of the unified law of the core values of the constitution.The first interpretative position shows the "feeling" in a cultural gene,the second establishes a "law" in a normative structure,and the third provides a "rationality" of "harmony between man andnature" for the integration of "feeling" and "law".However,in the application of the value structure of "reason differentiation" in legal hermeneutics,a "meta value" needs to be preset for integration.The meta value in the core values of the constitution should be "harmony" from the perspective of its' deep embodiment in the text of the constitution,the fundamental position in traditional culture,the original structure in the legal system,the pragmatic conditions in the context of interpretation and the value integration in judicial practice,but "harmony" should follow some means of integration to achieve the coordination of the value order inside and outside the law.Constructive interpretation introduces the concept of substantiality with realistic concerns into the abstract law of value,and establishes the interpretative relationship between the value within the law and the value outside the law through the commonness of human beings as a kind of existence.Case rights take value as a kind of "optimizing commands" to provide direction for the realization of rights.When the out-of-law value conflicts with the in-law value,the two conflicting values based on some inter-community point to a pair of mutually supporting rights in its acceptable "incomplete meaning".When the concept of substantiality is introduced into the abstract law of value,through the commonness of human being as a kind of existence,the interpretative relationship between the value within the law and the value outside the law is established.Case rights take value as a kind of "optimizing commands" to provide direction for the realization of rights.When the out-of-law value conflicts with the in-law value,the two conflicting values based on some inter-community point to a pair of mutually supporting rights in its acceptable "incomplete meaning".The support enables the out-of-law value and in-law value to be able to achieve convergence in expressing rights.As a natural medium connecting legal norms and moral norms,the constitution provides a justified path for the integration of the internal and external law of values.Under the guidance of these three paths,a certain external law of value containing human feelings can reshape its own value connotation through the guidance of meta value,obtain the legitimate basis for entering the legal system,and then realize the coordination of the order of the internal and external law of value.This is also the constitutional interpretation function of the core values of the Constitution in the coordination of the value order.In addition,the legal system has a set of specific applicable rules at the normative level,which should conform to the value rules of the core values of the constitution.Through the Higher-level Law and the Lower-level Law in "harmony between control and implementation",the Theory of Effective Control is deduced,and then how to realize the harmonious unity between the Higher-level Law and the Lower-level Law is demonstrated.Through Special Law and General Law in the "harmony between seeking commonness and reserving differences",the relationship between Special Law and General Law is deduced,and then how to achieve harmonious unitybetween Special Law and General Law is demonstrated.Through the "harmony between stability and change" between the new law and the old,the harmonious connotation of the principle of the law's non-retroactivity and the difference between the principle that the new law is superior to the old and the principle of the law's non-retroactivity are deduced,and then how to realize the harmony between the new law and the old is demonstrated.This is the constitutional interpretation function of core values of constitution in regulating control of conflicts.The unity of legal norms is the premise of the coordination of the value order.Only by dealing with the choice of norms can we continue to deal with the integration of value interpretation.The two functions of the core values of the constitution have established a basic order rule for core socialist values' integration into the legal construction from the perspective of value order and normative order.