Study On The Properties Of Constitutional Interpretation

Constitution is the fundamental law and a variety of laws and regulations are on the basis of constitution, which determines the constitution of abstraction, generality and principle. Constitution has the highest legal authority in the country's legal system, which determines the stability and can not be a frequent change. But with the change of real life, constitution must be interpreted in order to the implement the constitution, protect and promote the development of the Constitution, and guarantee the stability of the constitution. The analysis of interpretation of the constitution has the important effect on the effective implementation of the constitution, the properly understanding of the constitution, and upholding the constitution's authority. Different countries use different constitutional interpretation model because of the different interpretation of the Constitution. In recent years, some cases of civil rights which have been infringed would not apply the basic law in China. At this moment, we need to protect the fundamental law (that is the Constitution). But in judicial practice, the Constitution did not produce the actual legal effect and can not be as the legal basis for the direct court case. Many civil rights have been violated and there is no basic law of the relevant provisions of the constitution, so we should question the China's NPC Standing Committee's constitutional interpretation. The analysis of interpretation of the constitution has far-reaching implications on the implementation and development of the constitution, however, we have not given enough attention on interpretation of the nature of the constitution, so our system of constitutional interpretation is far from perfect. Through the power of interpretation of domestic and international analysis of the nature of the constitution,this article analyze the problems of power of interpretation of our constitution in theory and practice, combined with overseas experience, and propose solutions to this problem, in order to benefit the explaining the system of our country's constitution. There are four parts addition to the introduction and conclusion in this article. The first part is the basic theory of constitutional interpretation. This part of the basic concepts, make it possible to interpret the nature of our constitution and make the people have in-depth understanding of the nature and interpretation of the constitution to redefine the nature of interpretation of the constitution by the introduction of our constitutional law and constitutional interpretation for the further improvement of a certain theoretical significance.The second part describes the nature of foreign constitutional interpretation. This part mainly compare for foreign and domestic constitutional power by introduction of foreign constitutional interpretation. By comparing the nature of domestic constitutional interpretation, it has a certain reality perfect guide.The third part is about the problems of constitutional interpretation and analysis of these issues after analysis of typical cases. We can easily find that there are some imperfections, which make many constitutional cases could not effectively protect legitimate rights of the parties, thus make people suspicious of China's legal authority, and as a result, China's legal system is threatened.The fourth part is the corresponding improvement measures to the problems of interpretation of our constitution, including the root causes of application of the law on the constitution, constitutional interpretation of the main design and programming. These institutionalized provisions make our country's constitution more perfect, and citizens'fundamental rights are legally protected, and has important implications for the harmonious development of China's social stability.