A Study On The Constitutionalism In The Perspective Of Criminal Law

Early Constitutional interpretation has been proposed and studied in the early 1900s, but so far its meaning scholars, and so is the nature of different opinions, there is no uniform qualitative. This is no doubt the constitutionality of the law interpretation into sectoral areas (especially criminal law), to guide its operation play a legitimate impediment. Especially in the increasingly advocating human rights protection in China, more needs to criminal justice to those constitutional principles as a guide, rational use of constitutional interpretation, promote the development of criminal law. To this end, we need to depart from the context of criminal law, criminal law and constitutional interpretation give a specific definition, and the benefits from the perspective of the constitutionality of laws, to find its theoretical basis and value in the area of criminal law applicable to its foundation.In this paper, in addition to the introduction and conclusion, a total is divided into five parts.The first part:The issues raised. This section is a collective strike was sentenced mob to disturb social order as a typical criminal case leads, first, pointed out that the right of workers to strike, many countries have adopted laws to protect workers strike legitimacy; secondly, include specific cases and the like from a constitutional point of view, pointing out the legitimacy of the collective behavior of workers to strike is different from the behavior of the mob to disturb social order; and finally, ask questions that, in order to avoid the legitimacy of acts included in the ranks of crime needs to be done constitutionality Explanation.Part Ⅱ:The basic definition of constitutional interpretation. The main task of this part is to explore the nature and meaning of constitutional interpretation. First, from the generation and development of constitutional interpretation, revealing the connotation of the constitutionality of interpretation. And from the different interpretation of the nature of the discussion on the constitutionality of its own nature gives qualitative.Part Ⅲ:Chinese Criminal Law Constitutional Interpretation particularity. This section will be combined with China’s specific context (not established constitutional review mechanism), pointed out that the special nature of the meaning and interpretation of the constitutionality of the Criminal Law of China. Then reveal the relationship of the specific constitutional interpretation and the principle of legality of criminal law from three aspects.Part Ⅳ:The theoretical basis of criminal law and constitutional interpretation of basic values:The first part of the concept of constitutional legal interests, analyzes its relationship with criminal law between constitutional interpretation, reveals the theoretical basis of constitutional interpretation. And from the elimination of constitutional concerns, border control and inspection of explaining the conclusions to explain the three aspects, revealing constitutionality explain the basic value in the area of criminal law.Part Ⅴ:Practice criminal law Constitutional Interpretation:This section to interpret the constitutionality of criminal law as a guide, through the analysis of the constitutionality of the three specific cases, to reveal the constitutionality of the interpretation of criminal law practice in the field of criminal law of our country. Through the analysis of the constitutionality of labor strikes and obstruction of official crime, secret sex with people gathering promiscuous crimes and intentional injury, theft and other serious crimes and undermine social order deprivation of political rights for three acts, pointing out the constitutionality of criminal law interpretation the importance of practice.