The Constitutional Interpretation On The Personal Right

Interpretation of the law is a prerequisite for application of the law, constitutional interpretation is a legal interpretation, the constitutionality of the interpretation of personal right is the constitutional right of personality based on an interpretation of personal right on private law. The constitutionality of the explanation of personal right, mainly applicable to the judicial practice of the right of personality, it is not just a constitution is fundamentally on the value of the constitutional personality from the point of view of personal right in private law get consistent.This article consists of three parts, introduction, body and conclusion.The body consists of four chapters.The first chapter describes the relationship of personality right on the private law on personal right and the Constitution. The author from a development point of view of private law on the right of personality, it analyzes the impact of the generation of general personality right on the private law, private law right of personality development of their basic constitutional rights, on this basis, the creation of corresponding constitutional personality rights. The core of this chapter is to explore the interaction between personal right on private law and constitutional right of personality, the relationship between the two is a microcosm of the (?)ationship between civil law and the Constitution, the basic constitutional rights and civil law rights. Discussion of this relationship between the two helps the constitutionality of the deeper understanding of the personality right next to explain in real terms in the end is what is the character value of the Constitution by the method of constitutional interpretation through to private law, private law be achieved on in this process of interpretation, it is the personal right in the Constitution as the basis for the interpretation of personal right in private law.The second chapter on the nature and significance of the constitutional interpretation of the personal right. On the nature of the constitutionality of the explanation of personal right can not be equated with the "constitutional justice", but the value of the personality of the Constitution by the method of constitutional interpretation through private law. From the perspective of legal interpretation, analysis of the nature of constitutional interpretation, and thus the essence of constitutional interpretation to come to the right of personality is the personality rights on the constitutional right of personality based on the interpretation of personal right on private law; constitutionality to explain the significance is mainly reflected in judicial practice, in reality a lot of cases of infringement of personal right, which will be related to the value of personal right and other rights conflict, in the end the value of what kind of priority to the protection, this process, the judge will be based on the fundamental constitutional value to judge the value of the conflict.The third chapter described the character value of the Constitution through private law. The constitutional right of personality as one of the basic constitutional rights, has a dual function, in addition to the original defense functions, to prevent infringement of the national public power also objective normative function, and its essence is the objective value of radiation to the whole field of private law, for The main function of their basic constitutional rights and the Private Law. The effectiveness of their basic constitutional rights to "indirect effect said," is through. The doctrine that the basic constitutional rights for the effectiveness of personal relationships to achieve only through the broad provisions in the private law indirectly through private law, the main powers of the state, precisely because the effect of the fundamental rights of private law, judges has a constitutional obligation to the fundamental values of the Constitution through the field of personal right into private law.The fourth chapter is on the constitutionality of the explanation of personal right in China’s private law applies. Necessary to distinguish between the text as an explanation of constitutional interpretation, and construed in accordance with the text as the interpretation of the text of the object, is intended to apply to the specific case of the department law, and as construed in accordance with the text, is a constitutional text. Specific to the constitutionality of the interpretation of the personal right in private law, the constitutional right of personality is the constitutionality of the interpretation of the basis of private law provisions on personal right is to interpret the Ject. The only personal right in the constitutional existence of personal right on private law and no clearly defined circumstances, to constitutional mterpretation. Specifically, the application of the general personal right, the judge involved in the process of discretion to an important issue, that is, the interests of the measurement issues.