2005Unpublished venueRequires access

Possibility of Constitution Interpretation

Yafeng Fan

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Abstract

The constitution of China is no longer a text but has gradually become a part of people's life. So it's necessary to probe the necessity and possibility of constitution interpretation. The mode of interpretation of the constitution of China should be formed by combining the mode of German constitution interpretation and that of the U.S. Constitution interpretation is composed of doctrine, operation, norms, and procedure, while the constitution metaphors such as life body, parent law, fundamental law, etc. have formed the semantic net of constitution interpretation. The Science of constitution interpretation is helpful for understanding the public feelings about constitutionalism of China, and generating the confidence of constitution and even belief, and pushing the rational construction of the procedure of China's constitutionalism.

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What this paper is about

The constitution of China is no longer a text but has gradually become a part of people's life. So it's necessary to probe the necessity and possibility of constitution interpretation. The mode of interpretation of the constitution of China should be formed by combining the mode of German constitution interpretation and that of the U.S. Constitution interpretation is composed of doctrine, operation, norms, and procedure, while the constitution metaphors such as life body, parent law, fundamental law, etc. have formed the semantic net of constitution interpretation. The Science of constitution interpretation is helpful for understanding the public feelings about constitutionalism of China, and generating the confidence of constitution and even belief, and pushing the rational construction of the procedure of China's constitutionalism.

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Available abstract

The constitution of China is no longer a text but has gradually become a part of people's life. So it's necessary to probe the necessity and possibility of constitution interpretation. The mode of interpretation of the constitution of China should be formed by combining the mode of German constitution interpretation and that of the U.S. Constitution interpretation is composed of doctrine, operation, norms, and procedure, while the constitution metaphors such as life body, parent law, fundamental law, etc. have formed the semantic net of constitution interpretation. The Science of constitution interpretation is helpful for understanding the public feelings about constitutionalism of China, and generating the confidence of constitution and even belief, and pushing the rational construction of the procedure of China's constitutionalism.

Key concepts: Constitution, Constitutionalism, Interpretation (philosophy), Law, Doctrine, Constitutional interpretation, China, Limited government

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