Problem Clarification And Path Selection: Legal Hermeneutic Of The Application Of Interpretation Of Constitutionality

As a way to implement the Constitution,Interpretation of Constitutionality has been studied theoretically in China for more than 30 years.However,since there is no constitutional court in the sense of unconstitutional review in China,up to now,Interpretation of Constitutionality is still has a protean face in China,and the academic community has serious differences on its concept,rank relationship and applicable subject.Even if we evade or even deny this interpretation method,Interpretation of Constitutionality has been secretly used in China’s judicial trials for many years.The abnormal situation of practice precedes theory requires us to realize the round-trip between theory and practice of Interpretation of Constitutionality as soon as possible.Based on this,this thesis gives legal interpretation of the application of Interpretation of Constitutionality.First of all,the first part of the text explains the concept,the positioning of rank,the application of evidence and other prerequisite issues of Interpretation of Constitutionality,clarifies the debate on the concept of Interpretation of Constitutionality,emphasizes the attribute of legal interpretation methods of Interpretation of Constitutionality,uses the hierarchical relationship of compound syllogism reasoning,double cycle demonstration model and legal interpretation methods,and highlights the highest interpretation effect of Interpretation of Constitutionality in the effectiveness hierarchy,It points out that Interpretation of Constitutionality is applied at the end of the order,explains the independence and uniqueness of Interpretation of Constitutionality in the method of legal interpretation,and demonstrates the feasibility,necessity and legitimacy of the application of Interpretation of Constitutionality.Secondly,the second part of the main text conducted empirical research on the application of Interpretation of Constitutionality,theoretically dividing the application of Interpretation of Constitutionality from two dimensions: intuitive strength and degree of interpretation,namely the explicit substantive application of Interpretation of Constitutionality,the explicit formal application of Interpretation of Constitutionality,the complete implicit application of Interpretation of Constitutionality,and the incomplete implicit application of Interpretation of Constitutionality,And it was summarized that the explicit application of Interpretation of Constitutionality has problems of being limited to form,inconsistent application positions,and unclear application rules.The implicit application of Interpretation of Constitutionality has problems of weak intuitive demonstration effectiveness of complete implicit application and non complete implicit application without substantive significance.Finally,the third part of the main text answers the reasonable paths for the application of Interpretation of Constitutionality from four aspects.Specifically,it clarifies that Interpretation of Constitutionality can only be started when all conflicts of legal interpretation of the same effectiveness level are applied,legal interpretation of the same effectiveness level violates the justice of individual cases,forms a single legal interpretation scheme,and cannot form a legal interpretation scheme,and clarifies the application mode of Interpretation of Constitutionality that should be explicitly applied,substantively interpreted,the reasoning part of the judgment document,and applied after exhausted other legal interpretation methods,Confirmed the conflict rules and preservation rules applicable to Interpretation of Constitutionality,denied the separate interpretation rules applicable to Interpretation of Constitutionality,and reiterated that the application of Interpretation of Constitutionality should also be subject to post hoc supervision mechanisms such as appeals or applications for retrial,protests or prosecutorial suggestions,and constitutional review.