Research Of The Power Of The Constitutional Implementation Of People’s Court

Implementation is the life of law,the Constitution is no exception,in order to truly establish the authority of the Constitution in people’s mind,the Constitution should be allowed to enter people’s lives.Instead of being shelved and forgotten,the Constitution should put into judicial procedure.In case it can not be given the protection for the fundamental rights of citizens when violated.Then the Constitution enter the judicial related to the interpretation of the Constitution when implemented.Interpretation is the premise of the implementation.To implement the Constitution will inevitably to make interpretation at first.The preamble of the Constitution stipulates all national organs have the duty to protect the dignity of the constitution and have the duties to implement the constitution.The provisions of the Constitution clearly state that only the Standing Committee of National People’s Congress is authorized to interpret the constitution.However,since the Constitution implemented in 1982,the NPC Standing Committee basically had never exercise the power of constitutional interpretation;meanwhile,the People’s Court,as a national judicial organ,hasn’t been authorized by the constitution clearly,and in the judicial procedure has to interpret the constitution with great care,and its attitude is "partly veiled".Whether the People’s Court has the authority to interpret the Constitution has been debated in academic circles?and that is also this dissertation aims to answer.By approaches of hermeneutics and comparative analysis,the dissertation analyses interpretation of the legal and interpretation of the Constitution,the Constitution of the implementation and compliance with the constitution,the constitution applies,citing the Constitution and Judicial Constitution related concepts.According to the Constitution of Article 5,Article 33,Article 67,Article 126etc,from the text of the constitution and judicial nature,function and location demonstrates the People’s Court can interpret the constitution.The dissertation argues that the constitution and judicial nature,function and location all require the People’s Court can interpret the constitution.The Preamble and general program of the Constitution,which provides that all national organs have to shoulder the responsibility of implementation of the Constitution,and the People’s Courts also bear responsibility as judicial enforcement of the Constitution,the implementation of the Constitution is under the prediction of interpreting the Constitution,then the People’s Courts have the interpretation power.In the outline of the constitution,Article 5 include the People’s Court have the power to interpret the constitution.The Constitution provides the basic rights of citizens.The right of equality requires equal before law.Human rights have rich content,however,rights have relief,and justice is the last line of defense,when the fundamental rights of citizens violated,they appeal to court,and the court is bound to protect the fundamental rights of citizens in accordance with the Constitution,in this case,there is nothing wrong with the court to interpret the Constitution.According to the constitution about division powers of national institutions,the provisions of Article 123 and Article 126,People’s Court is the judicial organs of the nation,which exercises judicial power independently according to law,the "law" includes Constitution,and to ensure the implementation of the constitution and the duties of all national organs,as judicial organs of the nation,it is also its duties to interpret constitution.From the nature,position of the judicial analysis,the judicial power is a kind of judgment power,it is mainly to make a judgment of the matters in dispute.the people’s court to exercise the jurisdiction is based on the constitutional law to make judicial adjudication,settle social disputes,the constitution is the mother of all law,common law is formulated according to the Constitution,In the exercise of judicial jurisdiction,the People’s Court is bound to judge according to the Constitution,so the Constitution is the general basis for achieving the judicial power function,and People’s Court has the authority to interpret the Constitution.In the chapter of national institutions,the Constitution has made different division and position of power.According to the different positioning of functions of the Constitution,the people’s court has the authority to interpret the constitution,and it is not in conflict with the National People’s Congress’s interpretation.