A Study On The Constitutional Questions Invoking Constitutional Judgment Documents In China

Chengdu credit card late fee case,some people directly to the case referred to as "credit card late fee to veto the first case",some people think that this is a wonderful verdict,is populism,some people even think that "the decision will be credited " From a constitutional point of view,the case involves a very important public law question: how the people's court invokes the constitution in the referee's instrument.This issue is not only related to the people's court in the judicial practice of specific reference to the Constitution of the model and method,in theory,also involves the people's court and the National People's Congress between the power relations,involving China's Article 126 of the "law" Constitutional interpretation,constitutional application and other very important constitutional basic theory.However,the people's court in practice did not come to the specific standards and norms cited by the Constitution,invoking the chaos,the academic community on this issue there is no uniform conclusion.Therefore,this paper attempts to proceed from the Chengdu credit card late fee case,combined with legal norms and other cases,to find the people's court to invoke the constitutional path,regulate the constitutional citation problem,for the judicial practice to provide some reference.This article is divided into four parts.The first part is to analyze the constitutional problems involved in this paper.This part first reviewed the case of Chengdu credit card late fee case,the original defendant both sides of the bank charged high interest and late fees were controversial.And then summed up the controversy in the case of the focus,clarify the people's court decision.Finally,the paper summarizes the constitutional problems involved in the case of Chengdu credit card late fee-the people 's court invokes the constitutional issue.The second part is an empirical study of the court's citation of constitutional issues.Mainly in the "Constitution" as the key words,summed up the statistics of the Chinese referee documents in the case.According to the statistics,we can find that there are three kinds of constitution in the referee's paper: one is to invoke the constitution as the direct basis of the referee case;the second is to invoke the constitution as the basis of the case of the referee case;third in the adjudication of the referee instruments to invoke the constitution,but this situation Is not the true sense of the constitutional citation.Citing the constitution as a reasoning basis is divided into four kinds of situations: first,the people's court in the process of hearing the views of the parties;second,the people's court in the case of the general or general reference to the constitution,there is no constitutional Thirdly,in the judiciary instruments to invoke the constitution in order to qualify the case to ensure that a right belongs to the scope of the law to protect;Fourth,in the referee instruments to invoke the constitution is to put forward the basic rights of citizens.The third part is the analysis of the direct referee basis for invoking the constitution as a case.Whether the people's court has the right to invoke the constitution,mainly related to the understanding of the term "law" in article 126 of the Constitution.The author analyzes the state structure and the form of political organization,the unity of legal system and the text of the constitution,and thinks that our judicial organs do not enjoy the right of the constitution to judge the case.In addition,the author also from the "Supreme People's Court on the referee documents cited laws,regulations and other regulatory provisions of the legal documents," the judicial interpretation of this issue.The fourth part is the analysis of the question of the constitutional basis.First of all,it is not that the people's court has the right to invoke the constitutional justification by proving that the people's court has the power and can invoke the constitutional justification,and then argue that the people's court has the right to invoke the constitution Can be invoked at any time,and finally summed up the conditions for invoking constitutional reasoning: First,only the constitutional provisions can be sufficient to prove that a certain right of citizens is guaranteed by the law,so as to accept the case and apply the law to resolve the dispute to provide legal The second is that the people's court only invites the constitution to clarify the accuracy and legitimacy of the law.