The Study On The Criminal Law Interpretation's Constitutionality

Constitution as a country's fundamental law,with the highest legal effect;and it is the legal basis for all laws,all legal issues are inseparable from constitution.As the lower law of constitution,criminal law bases on constitution and does not in conflict with constitution.Both from the height of the constitution or follow the authority of criminal legislation,interpretation of criminal law is the judicial activity to illuminate criminal law also cannot disregard the constitutional principle.Under the influence of the concept of substantive criminal law,the interpretation of generalization of criminal law in our country is obvious,the interpretation of the ultra vires,the creative interpretation and the conflicting interpretation that are not uncommon.However,there is no censorship system in our country to deal with the affection of these irrational interpretations.However,these criminal law interpretations are unconstitutional at root,which not only relates to the legitimate and rationality of criminal law,but also seriously affects the authority of criminal law and constitution.Criminal law interpretation is the application of criminal law,and also a constitutional application activity,the principle of constitutionality should be the premise of the legitimacy of criminal law interpretation.This paper is composed of two sections,an introduction and the main text.The contents of the main text are composed of the following five chapters.Chapter I,The Definition the Constitutionality of Criminal Law Interpretation.The constitutionality is the core content,which should be understood in the broadest sense,it means that something in conformity with all constitutional requirements,including constitutional rules,constitutional principles and constitutional spirits.Therefore,the constitutionality of criminal law interpretation refers to criminal law interpretation complies with the constitutional rules,principles,spirits and the basic requirements of constitutional values.As the basic principle of criminal law interpretation,the principle of constitutionality guidance and controls the whole process of criminal law interpretation,and also as the judging criteria of criminal law interpretation's legitimacy,it ensures that criminal law interpretation does not escape the constitutional norms and values.Chapter II,The Bases of the Constitutionality of Criminal Law Interpretation,which is divided into the theoretical basis and the realistic basis.According to the principle of unified order of law,constitution is located at the top of the legal pyramid of our country.Criminal law should be subject to the stipulations and ideas of constitution.The criminal law interpreter has the obligation to carry out constitutional contents.This is also the proper meaning of the principle of constitutional decentralization and the judicial self-control.The constitutional rights are protected by criminal law.Criminal law interpretation is the way of protecting the constitutional rights,but it also likely threats to the constitutional rights.The principle of constitutionality is the basic requirement of criminal law interpretation,basing on the necessity of criminal law to protect the constitutional rights.In addition,the specific contents of constitution and criminal law,and the practical values of the constitutionality of criminal law interpretation,such as promoting the interaction between constitution and criminal law,highlighting the human rights protection of criminal law and realizing the rule of law.Chapter III,The Standards of Constitutionality of Criminal Law Interpretation.From the constitutional normative level,it is difficult to clarify the specific content of the legal protection of the criminal law,and to determine the exact scope of the penalty to be imposed,if criminal law interpretation does not conform to the constitutional power and right standards.What's worse,arising the rights confliction,it is not consistent with the basic requirements of the constitutionality of criminal law interpretation.On the constitutional value level,the principle of power restraint,the principle of equality,and the principle of human rights protection are the concentrated expression of the constitutional spirits.Any criminal law interpretation that violates the specific principles of the constitution cannot be consistent with the constitutional values,but these specific standards only can be applied to judge whether the criminal law interpretation violates the constitution or not.Chapter IV,The Realization of the Constitutionality of Criminal Law Interpretation.The principle of presumption of constitutionality,the principle of legality and the principle of proportionality are the principles of the constitutionality of criminal law interpretation.Only by the specific criminal law interpretation methods can the principles truly reflect their values.On the one hand,the principle of presumption of constitutionality as a prerequisite to maintain the interpretative nature of criminal law interpretation.The principle of legality is the constitutional norms embodied in the criminal law.Criminal law interpretation cannot be contrary to the Constitution,that means it can not violate the principle of legality in essence.Besides,criminal law interpretation contrary to the principle of proportionality,which would pose too much or premature restrictions on the constitutional rights,and beyond the core requirements of constitution that restrictions on state power and protections the basic rights of citizens.On the other hand,the direct interpretation is the most objective interpretation method that draws the text border of the constitutionality of criminal law interpretation;and the system interpretation is great important as a direct access to the constitution and criminal law.These two interpretation methods provide the formal protection for the constitutionality of criminal law interpretation.The teleological interpretation as a substantive interpretation method,which is guided by the protection of the law interests and subject to the constitutional norms and values to achieve the principle of proportionality.And it ensures the constitutionality of criminal law interpretation in essence.Chapter V,Investigation and Development of the Constitutionality of Criminal Law Interpretation.On the whole,China's criminal law interpretations are basically in line with the constitution,the number of legislative interpretations is small,and there is no serious conflict with the constitution.In the complicated judicial interpretations,however,there are many problems such as the undefined criminal law interpreters,the legislative of the judicial interpretations,the conflicting interpretations that contrary to criminal law or constitution and so on.And it is necessary to interpret the miscellaneous provisions according to the principle of constitutionality in order to keep balance between the generalization of the miscellaneous provisions and the protection of human rights.For example,the constitutional interpretation of the illegal business operations would prevent to unduly limit citizens' economic rights in order to maintain the economic order.And the interpretations of the provisions involving rights conflict also should obey the principle of constitutionality,such as the rational application of defamation,which requires a review of the relationship between citizens' reputation and freedom of speech from the constitutional point of view.