摘要
Abstract
Law needs interpretation,but constitutional interpretation is seldom heard in practice.It is necessary to clarify in theory.Constitutional interpretation is of great significance to both criminal law and constitution.As for the criminal law,it is mainly reflected in the following aspects:to commit a crime;to clarify the true meaning of the multi meaning provisions of the criminal law;to improve the authority of interpretation of law.To the constitutional level,it has the importance of implementing the Constitution and highlighting the protection of civil rights and freedom by the constitution.In theory,the specific application of constitutional interpretation needs to negate the rank of criminal law interpretation methods,because it is these theories about the rank of interpretation methods that limit the application of constitutional interpretation.In practice,we still need to use the principle of legality,because it reflects the basic content of the relationship between crime and punishment in the constitution.In the specific operation,we need to use the principle of proportion.关键词
合宪性解释/刑事司法/解释位阶/罪刑法定原则/比例原则Key words
constitutional interpretation/criminal judicature/hierarchy of interpretation/the principle of legality/principle of proportionality分类
社会科学
