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宪法作为母法,由于它基本法的地位和基本框架,使“宪法被诉”成为了不可能。但法官作为受宪法约束的公权力主体,在具体案件的审判中有对法律进行合宪性解释的义务。本文以近期在法律界被热议的信用卡滞纳金成都判例为切入点,分析在对部门法的司法审判过程中,法官是如何运用合宪性解释的。合宪性解释在法律解释的体系解释、目的解释以及法外续造中应用。从宪法的角度分析和解决民法问题,这不仅是宪法学新的突破,也应成为我国民法学的一个发展方向。
Constitution as the mother law, because of its status and basic framework of the Basic Law, so that “constitutional complaint ” has become impossible. However, as the subject of the public power constrained by the Constitution, the judge has the obligation to make a constitutional interpretation of the law in the trial of a specific case. This article takes the recent Chengdu case lawsuit which was hotly discussed in the legal field as an entry point, and analyzes how judges make a constitutional interpretation in the judicial trial of the departmental law. Constitutional interpretation of the legal interpretation of the system to explain the purpose of interpretation and application of foreign law. Analyzing and resolving the civil law issue from the constitutional point of view is not only a new breakthrough in constitutional law, but also a direction of development of civil law in our country.