刑法解释激活宪法适用探究

Explorations on Activation of Constitution Application through Criminal Interpretation

宪法需要被适用,宪法解释是必然的。宪法解释可通过部门法落实,部门法的解释活动是"真实的"宪法司法化过程。刑法解释宪法的媒介是合宪性原则,而罪责刑关系和罪责刑均衡作为刑法解释的对象和目标的解释范式是保障,并强调罪责刑的实质正义,而违宪审查的意义也不容忽视。

Constitution interpretation is inevitable since the Constitution needs to be applicable.Constitution interpretation could be implemented by the sectoral laws,of which the interpretation should be the'real'process of Constitution application.The interpretation of Constitution through criminal law lies in the principle of constitutionality that focuses on substantive justice,which is based on the interpretation paradigm that the relationship and balance among crime,criminal responsibility and penalty should be the object and aim of criminal interpretation.And constitutional review can't be ignored.