Research On Constitutional Interpretation And Protection Of Fundamental Rights

The protection of fundamental rights is an important issue in the governance of a country,every country has stipulated the fundamental rights enjoyed by citizens in the constitution,and the protection methods were determined by the country’s political system and the rule of law practice.In the Germany,the constitutional court is a specialized judicial organ that deal with practical constitutional issues,citizen can bring a lawsuit to the constitutional court when their fundamental rights have been damaged and satisfy the relevant conditions.During the trial of the case,the constitutional court can interpret the basic law,the interpretation will be the reason that court judge a case and provide guidance to other state organs for the correct interpretation of the fundamental rights clause,ensuring that state organs regulate the exercise of power and do not arbitrarily interfere with the fundamental rights.In the United States,the general court can handle cases involving fundamental rights,the spirit that the constitution protect the fundamental rights is reflected in the judgment of the court.In this process,the court has the right to interpret the fundamental rights clause and the spirit of the constitution,even make the interpretation as the basics for the judgement to enhance its legitimacy and realize the protection of the fundamental rights.In the current process of constitution implementation,there is no a specialized organ to handle the constitutional issues in our country,the court cannot apply the constitution to adjudicate cases and judge the constitutionality of the actions of state organs,the American model of fundamental rights protection does not apply in China.So,the state organ adopted different protection methods according to its own power:the legislature makes the fundamental rights concrete and forms the protection scope of the fundamental rights through formulating laws,the administrative organs regulate the exercise of power in accordance with the law and implement the requirements for the protection of fundamental rights,the judicial organs apply the law to adjudicate cases.In the established mode of protection,each state organ performs its own duties,but it is impossible to avoid omissions in the protection of fundamental rights.In this case,constitutional interpretation can play to its institutional advantage,and provide comprehensive protection of fundamental rights with existing protection models.So,the article starts with the fundamental rights in the modern constitution,observe the way in which states organs protect fundamental rights,according to the institutional characteristics of constitutional interpretation and the current implementation of the constitution in China,explore the value and limitation of constitutional interpretation in the protection of fundamental rights,and make suggestions which constitutional interpretation can protect fundamental rights by a better way to improve the level of protection of fundamental rights.