我国司法判决书引用宪法规范的实证研究

Empirical Study on Citation to Constitutional Norms in China's Court Verdict

通过收集与研究大量的判决书样本可以发现,我国存在法院经常在判决书中引用宪法规范进行裁决的现象。我国法院引用宪法规范具有独特的法理逻辑:从法律规范中引申出宪法规范,而不是从宪法规范中去引申法律规范,其目的是为了增强判决依据的说理论证以及当事人对判决书的可接受性。这一法理逻辑与我国现有的宪法理念与制度有着内在关联。

By collecting and studying a large number of court verdicts, it could be found that China＇s court has cited constitutional norms in its verdicts for long. All kinds of cases are related to the reference to constitutional norms and the ways to cite are varies. The provisions of China＇s Constitution cited by verdicts are very extensive. China＇s courts cited constitutional norms has its own legal logic, that they extended constitutional norms from legal norms rather than the on the contrary, and its purpose is to enhance the theoretical certification to the verdicts and the acceptability to the parties. The logic has intrinsically relevance to the ideas of China＇s Constitution.