【作者】 王阳；

【导师】 马新福；

【作者基本信息】 长春理工大学 ， 宪法学与行政法学， 2009， 硕士

【摘要】 任何法律都需要解释,宪法更是如此。这是因为,宪法高度原则性、概括性的特征,使人们对宪法规范的含义可能产生不同的理解。另外,宪法具有相对的稳定性,但现实社会生活的变化是无穷无尽的,要使相对稳定的宪法能适时指导变化着的复杂的实践,这就需要对宪法做出适时的准确解释,以便更切实有效地指导实践。宪法解释是宪法实施过程中的一个重要环节,它对于维护宪法的权威,正确地理解宪法,保障宪法的实施具有十分重要的意义。宪法解释是法定机关解决宪法规范和社会现实冲突最有效的手段。作为一国宪法运行机制中的重要一环,宪法解释对宪法的实施和发展都具有深远的影响。但是在我国宪法解释却没有受到与之地位相同的重视。我国宪法解释的理论研究和实践都还很不够,宪法解释制度也还很不完善,宪法解释的主体存在争议、原则尚不明确、程序也存在很多欠缺,从而导致宪法解释并没有发挥其基本的作用。这些问题是值得宪法学界探讨的问题。本文认真梳理了国内外法学界,政治学界对宪法角释的表述;从制度、体制上对宪法解释进行了科学的诠释;通过对我国宪法解释现状的了解,结合国外的相关经验,提出了解决问题的对策。这对如何建立和完善我国宪法解释制度,提高宪法效力,有着强烈的理论价值和现实意义。更多还原

【Abstract】 Constitutional law is the fundamental law of a country, and it has the supreme effect. It involved in the arrangement of the national fundamental system, which is the finally security to the civil rights as well. Therefore, the constitutional implementation degree is especially important. While the constitutional implementation can’t divorced from the constitutional interpretation. Interpretation of the Constitution is an important guarantee for the implementation of the constitution. With the popularity of the concept of the Constitution, it will be implemented to protect the rights and interests of citizens to play an important role to explain that the constitution has become an indispensable link. However, the interpretation of the Constitution in our country has not attracted the attention to Jurisprudence. To ensure that the authority and supremacy of the Constitution, we should research and explore the system of constitutional interpretation.In China, although many scholars have a great deal of research on the interpretation of the Constitution, but the main body, the procedure, the principle, and other issues of the interpretation of the Constitution related lessly, so the system’s interpretation of the Constitution is not perfect up to the present.The first part of the article make a basic overview to the interpretation of the Constitution. On the concept of the interpretation of the Constitution, our Jurisprudence has some divergent views, it can be summed up that a certain degree of state organs to enjoy their constitutional interpretation right to illustrat the content, the meaning, the boundary of the constitution norms, and put the unconstitutional review into the interpretation of the Constitution, statement and conducted the provisions, the content of the statement, the word meaning legally binding according to the principles and spirit.The second part described the foreign typical mode of constitutional interpretation, which based on the common law and civil law. Two Legal has established a system of constitutional interpretation, but on the specific system and implementation, there are many different from each other. We must learn from the experience, carry forward the advantages and avoid disadvantages, better explain the system to improve our country’s Constitution.The third part of constitutional interpretation explains the status of China’s Constitution from the function, role and in the effectiveness and so on, but also see the problems in our interpretation of constitution.The fourth part, to address the problem, expounded the main body, procedures, principles and other aspects of constitutional interpretation, to improve our interpretation of constitution, I put forward new proposals.As a statute of the scientific method, interpretation of the constitution have many important functions that today seems to have an indisputable fact. Any text of the Constitution can not be applicable automaticly and can not solve all problems. In order to advoid misunderstood of the interpretation of constitutional norms, to guarantee the implementation of the Constitution, there must be an authoritative body to make legally binding interpretation to the norms of the constitution, which further clarified the basic spirit of the Constitution. So, the interpretation of the Constitution authorities will be clearly the main body of the interpretation of the Constitution. China’s current constitution will be vested in the power of interpretation of the Constitution to the NPC Standing Committee. As the highest organ of power, of course, NPC Standing Committee enjoy the power of interpretation of the Constitution, but the NPC Standing Committee’s staff is dedicated, lack of the social experience, and also lack of the direct experience about the social changes and new demands. They can not interpret the problems that during the implementation of the Constitution detailed and timely. This will require not only an in-depth social practice, and enjoy the supreme organ of power also enjoy the right to interpret the Constitution. Therefore, the National People’s Congress should enjoy the power of interpretation of the Constitution. The two should be have the power of supervision to interpret the Constitution, and also have the right of specifically to constitutional interpretation, multiplied go step by step to achieve the objective of a win-win situation.In order to better bring it into play and perfect both its entity and procedure, in the light of the proposal subject problem, voting procedure problem, and constitution explanation case’s form and announcement in its procedure, further discussion is made and relative countermeasures about increasing society organizations as proposal entity, establishing absolute majority vote principle and making clear the form of constitution explanation case are put forward.In China, the interpretation of the Constitution of the practice is lss, the Constitution does not apply to a specific interpretation of the constitutional process, in practice, often in the light of the NPC Standing Committee’s interpretation of the legislative process. But the interpretation of the legislative process itself from the point of view has a lot of imperfections to be resolved, in accordance with the existing interpretation of the Constitution clearly stipulates that the NPC Standing Committee should step up the work of the norms of the Constitution to explain the procedure to develop, make "explained the procedural law of the Constitution". And clearly explains the constitution according to the forms of expression.Fundamentally, the Constitution decided the principle of the constitutional interpretation, the Constitution is the product of social force compromised, to infiltrate the various interests of the main demands, contains certain fundamental values, also changes with the continuous development of the nature of regulation. It decided in the process of constitutional interpretation, especially in China’s current special political and legal environment, we should fully take into account the interpretation of the Constitution’s principle of the political and interests, justice and love rational, development and the border, this can be achieved the correct and reasonable of the interpretation of the Constitution during China’s constitutional practice.With regard to the interpretation of the Constitution’s principles, under normal circumstances, the constitutional intent, the literal meaning of constitutional norms and the main constitutional interpretation of the principal explained that these three have the basic unity. The principles of the interpretation of the Constitutional needed to resolve the core issue is, to resolve the fuzzy of constitutional norms, the loopholes, the backward; to resolve that the original intent of the constitution who can not adapt to changes in social reality. Based on Chinese characteristics, the principles of interpretation of the Constitution played an important role to the interpretation and implementation of the Constitution.更多还原