《CHina Legal Science》No.1，2017

Auhtor：Xia Zhenglin  

Abstract：The theory of constitutionality interpretation put forward by some domestic scholars advocated that the court should make constitutionality interpretations of relevant laws before making a judgment, in order to carry out the spirit of the Constitution in the judicial trial, which ensures that relevant laws run under the Constitution. The theory is devoted to solving the problem of the virtual effect of the Constitution in practice, and to provide theoretical support for the realization of the unified national law order which is based on the Constitution. However, this theory is formed in reference to related theories in Germany and the US. It should be noted that the actual situation of constitutional practice in China and relevant countries is not the same, the court does not enjoy the right of constitutional review and cannot simply apply this theory, otherwise there will be a danger of generalization . It is necessary to introduce the theory of constitutionality interpretation, which can mutually complement and cooperate with interpretations of the Standing Committee of the National Peopled Congress to forma complete constitutionality interpretation system . 