Research On The Citation Of Constitution In Court Judgment Documents In China

How to give full play to the effectiveness of the Constitution and maintain the constitutional authority is a topic of continuous concern in the theoretical and practical circles.In judicial adjudication,the interpretation of any law needs to comply with the spirit and value of the Constitution.Therefore,guarantee the constitutionality of legal interpretation through constitutional citation have become an important way for the court to promote the implementation of the Constitution.In practice,the phenomenon of applying the Constitution norms to adjudicate cases is more routine and universal.Not only the judges invoke the Constitution as the support of the judgment results,but also the parties take the Constitution as the basis of litigation claims.The reasoning and demonstration part of a large number of judgment documents shows the spirit and value of the Constitution.Constitutional interpretation is an important function of invoking constitution in judicial documents.Therefore,judicial practice provides sufficient materials for the theoretical research of constitutional interpretation.However,through the search and analysis of judicial documents,it can be found that constitutional citation and constitutional interpretation generally presents a chaotic state in practice,which is mainly reflected in two aspects:random reference and weak argument.On the surface,these problems are due to the lack of motivation of judges to invoke the Constitution,and the deeper reasons are the lack of unified theoretical guidance of constitutional interpretation and the lack of institutional guarantee of constitutional interpretation.Therefore,from the perspective of constitutional interpretation,this thesis studies the theory and mechanism of constitutional interpretation,in order to reduce the limitation of constitutional interpretation and academic theory in judicial practice and promote the standardization and accuracy of constitutional application.The full text is mainly divided into four parts:The first part summarizes the current situation of judicial documents invoking the Constitution norms.By collecting and sorting out the published judgment documents,we can see that there are a large number of local courts invoking the Constitution norms,and different ways of invoking them have been formed.This also reflects the application of constitutional interpretation in judicial adjudication.The way of invoking the Constitution for constitutional interpretation is reflected in the reasons and basis of judgment,and plays four functions:determining the legal meaning,enhancing the constitutionality of judgment,protecting citizens’ basic rights and giving play to the indirect effect of basic rights.The second part analyzes the problems and deficiencies of the constitutional interpretation and explores the deep-seated reasons for the problems.On the whole,it has not formed a unified mode of constitutional interpretation,showing a tendency of randomness.It is common to have insufficient arguments for the invoked constitutional provisions,or even lack of necessary arguments.These problems have weakened the effectiveness and authority of constitutional interpretation.The reasons for the above problems include the lack of legal understanding of the Constitution and the lack of constitutional interpretation theory and system.The third part discusses several main disputes about the constitutional interpretation of ordinary courts in the current academic circles,including whether the constitutional interpretation is based on whether the court has the power of constitutional interpretation,whether the constitutional interpretation is legal interpretation or constitutional interpretation,and whether the constitutional interpretation is an independent interpretation method.The fourth part demonstrates how to improve the constitutional interpretation under the practice of China’s constitutional system and rule of law.First of all,it is necessary to give better play to the normative and judicial functions of constitutional interpretation.Secondly,we need to clarify the premise and standard of constitutional interpretation to avoid arbitrariness and confusion in application.Finally,in the specific application,we need to abide by the unified application rules and can not exceed the reasonable boundary.