Study On The Legal Path To The People’s Court Applying Law In Accordance With The Constitution

There is no doubt that it have made certain achievements by recalling theimplementation of the China’s constitution in the past three decades. However, theimplementation of the Constitution still encounters many difficulties in practice.According to the provision of article67of the Constitution, the Standing Committeeof the National People’s Congress exercises the functions and powers of interpretingthe Constitution and statutes, while it barely carry over and the result is that a directimplementation and application of the Constitution encounters difficulties. However,by reviewing some cases in judicial process, it can be found that the people’s courtshave been interpreted and applied the law based on the Constitution, and then carriedout the spirit of the Constitution in the process of promoting the implementation oflaws. Under the existing of the framework and system, there is a far-reachingtheoretical significance in deepening and enriching the constitution implementationtheory, and in promoting and improving the current constitution implementationtheory gradually, by study how to provide the constitutionality for the court’salternative approach and how to be function properly in promoting implementationof the constitution. Meanwhile, from the perspective of the Court to study the path ofthe implementation of the constitution, there is also a practical significance inproposing specific practical way to implement the Constitution from a multi-angle and in promoting the effective implementation of the Court to interpret and apply thelaw based on the spirit of the Constitution.This paper studies from the perspective of citizen oversight and takes it as clueto combing the trial cases.By using case studies and theoretical analysis method, thepaper illustrates the court how to embody the spirit of the Constitution in the processof applying law and the path limitations of it. Meanwhile, the paper takes themethods of the text analysis and the comparative analysis complementally to discussthe basic theory and path widened section.The paper is divided into four chapters. Taking the basic theory as a startingpoint, this paper defines the basic problem domain clearly firstly, and studies theempirical analysis of the people’s courts applied the law based on the spirit of theConstitution secondly, then analysis the limitations of the path and finally putsforward the countermeasures and suggestions to solve the problem.The first chapter points out the legal basis and the meaning of the arguments byusing the text analysis methods. It means: when the citizen oversight of the provisionof article41of the Constitution is infringed, the people’s courts carried out the spiritof the Constitution in the process of promoting the implementation of laws in thetrial practice, in order to protect the citizen oversight.The second chapter sorts out and analyzes the specific path of the people’scourts applied the law based on the spirit of the Constitution. Through combing andstudying the judicial case, it summarized and categorized the specific path of thepeople’s courts applied the law based on the Constitution. It mainly included fourspecific paths: whether the people’s courts applied the law based on the spirit of theConstitution or not, explicitly and impliedly applied the law by references citizenoversight.The third chapter discusses the limitations of the people’s courts applied the lawbased on the Constitution. The paper studies the limitations of the Court can notdirectly reference Constitution applied the law, the Court uses the legal interpretationaccording to Constitution implicitly, and the Court did not consider the essence ofthe spirit of citizen oversight but applies the law literally. The third chapter takes a furthering study by combing the second chapter’s case analysis, and also lay thefoundation for later understanding of the path of broadens.The forth Chapter presents the path of the court applied the law based on theConstitution. The paper takes the court applied the law based on the Constitutionshould accord with China’s political system rather than trying to break the existinglegal framework as a basis. It proposed the specific broaden path of the court carriedout the spirit of the Constitution in the process of applying law from the physical,procedural, and the concept aspects. The paper proposed that it should determineclearly that the court could applied the law based on the Constitution, the SupremeCourt should formulate specific rules of applicable prerequisites and procedures, aswell as the Court and judges should enhance the concept of loyalty to theConstitution and enhance their ability to deal with the problem based on theConstitution.