Interpretation According To The Constitution In Administrative Trial

Interpretation according to the Constitution and interpretation of the constitutionality have a close relationship. The path of “indirect application” of Constitution makes a contribution to interpretation according to the Constitution’s introduction. Academia probably misunderstand the concept of interpretation of the constitutionality. Actually, what the scholar’s advocate is interpretation based on the Constitution in Germany law, so we can use the concept of interpretation according to the Constitution in the context of the Chinese Constitution. Interpretation has two types : law interpretation and fact interpretation. The problems of Constitution application in administrative trial are: the type of law interpretation is far more than the type of fact interpretation, court applies Constitution but not reasoning sufficiently, judgment documents do not show the process of legal rights measurement. Interpretation according to the Constitution is necessary in the administrative trial. It can promote the rights’ comprehensive protection, enhance the reasoning of judgment documents and implement the Constitution. It is also legal. Constitution is binding on the administrative trial, and it, as a source of law, is an argument of administrative trail, and administrative judge has the power to interpret the Constitution and other laws. It is not allowed to make Constitutional review when applying interpretation according to the Constitution. Judges should keep judicial humility when do the continued legal making. In the aspect of Scope of Case Acceptance,the court subsumes the provisions/principles and spirit of Constitution into the provision of “other legal rights and interests” of new administrative procedure law to protect the fundamental rights in the judicial area. In the reasoning part, the type of legal interpretation should consider the provision and important values of Constitution when interpreting the uncertain legal concepts. In the judgment part, administrative judge has the power to determine whether quoting the Constitution directly. When making legal rights measurement, administrative judge shall ponder the specific circumstance of the case carefully and consider the value of Constitution to protect the human dignity/private property rights/freedom of speech and other legal rights and interests.