一、依据宪法原理、宪法哲学解释宪法的必要性宪法是通过条文形式确定一定范围的权利,并依此权利规定保障公民应有的利益。但宪法条文本身并没有事先设定或规定对条文的解释幅度和在具体事件中应如何运用条文的方法,同样也没有明文规定侵权行为发生时应如何去归结。另外,日本制定宪法至今已经历了40余年,制定宪法之初,对当时并未存在或未考虑到的问题 First, according to the constitutional principle, the constitutional philosophy to explain the necessity of the constitution The constitution is to determine a certain range of rights by the provisions of articles, and in accordance with this right to protect the due interests of citizens. However, the constitutional provisions themselves do not pre-define or prescribe the extent to which they should be interpreted and how they should be used in specific incidents. Nor is there any explicit stipulation as to how the infringement should occur when it comes down. In addition, Japan has enacted a constitution so far for more than 40 years. At the beginning of the formulation of the constitution, Japan did not have any problems that existed or were not considered