The Comprehension Of Cases Of Interpretating Constitutional Law By People's Courts:Types,functions And Significance

The core issue of constitutional interpretation is the interpretation of constitutionality of regulations and documents.Under the French Constitutional Council review system,the statutory documents are reviewed(preliminarily reviewed)by the Constitutional Commission before the promulgation takes effect;under the US ordinary court review system,the statutory documents are reviewed by the ordinary courts after the promulgation takes effect(ex post review);Germany the Constitutional Court is also a typical representative of post-examination.However,in addition to a few abstracts and normative reviews,a large number of constitutional appeal cases are specific reviews of case laws.The Chinese constitution authorizes the NPC Standing Committee to exercise the power of constitutional interpretation.Legislative Law has established approval review,record review,request review,and proposed review,both before and afterwards.As to whether the people's court can interpret and apply the constitution,it is theoretically controversial and chaos in practice.After summarizing,collating and comparing the theoretical papers on "Judicialization of the Constitution" and the case of the People's Court quoting the constitutional department law,the paper concludes that the function of constitutional interpretation and application is to deal with the issue of the constitutionality of statutory documents,including unconstitutionality judgments,constitutional preferences,conflict handling and loopholes;in the application of case law,the People's Court has to objectively and fully reflect all three other functions in addition to the laws that are suspected of unconstitutionality being submitted to the Supreme People's Court for submission to the Standing Committee of the National People's Congress.The content of this paper is mainly divided into four parts: The first part is the theoretical study of the case of constitutional interpretation by the People's Court.The case of Chen Jindi elicited the controversy that the people's court quoted the constitutional provisions to comply with the constitution or to interpret the constitution,and analyzed it from the constitutional text and the logic of the people's court to invoke the constitutional trial.The connotation is based on constitutional interpretation of legal norms.The second part is the typed study of the case of constitutional interpretation by the People's Court.From the nature of the case,the content of the constitution,the purpose of interpretation of the the third part is the comprehension of the interpretation of the constitutional case by the People's Court.This part is the main part of this paper.Based on the analysis of the constitutional interpretation cases,it is concluded that the function of the People's Court to interpret the constitution lies mainly in the interpretation of constitutionality of laws and regulations,specifically including four aspects: unconstitutional judgment,preference for constitutionality,handling of conflicts,and filling loopholes.The forth part is about the constitutional meaning of the People's Court in interpreting constitutional cases.It discusses the significance of interpretation of constitutional cases in the People's Courts in the constitutional interpretation system,protection of civil rights,promotion of constitutional implementation,and construction of a country under the rule of law.