论我国人民法院依据宪法精神适用法律——以监督权为例

On the People’s Court Applying Law in Accordance with the Spirit of the Constitution——Applying the example of the supervisory rights

本文以法院对公民行使其监督权利行为的处理为例子加以分析,进而从功能主义的角度说明,通过法院对法律的解释和适用不是篡夺了最高立法机关的立法权,而是在依据宪法的精神实施宪法。

This esssay analyze the act by taking the court dealing with the cases of citizens exercising their supervision rights as an example,and further illustrate explanations of the law by the court which is not to usurp the legislative power of the highest legislative body,but the implementation of the constitution in accordance with the spirit of the constitution from the point of view of functionalism.