关于宪法的学理评价及修改、完善建议——国内学者以宪法修改为主题的研究成果辑要

Academic Evaluations about Our Current Constitution and Advices on How to Modify and Perfect It

现行宪法是我国建国以来最好的一部宪法,但也存在着一些缺陷:坚持了"国家至上"的价值取向;权利与权力关系失衡;权力分配体制不明确;有关的法律程序缺失;宪法监督制度粗疏;立宪技术不发达。学者们从宏观角度对下一步宪法修改提出了建议:要以邓小平理论为指导;以产权与政权的关系为出发点;完善立宪技术。同时,他们建议确立人权保障制度,建立"立法试验区"制度,完善人民代表大会制度,实现宪法的司法化。

The current constitution is the best one among the four constitutions since our country was founded in 1949, but, meanwhile, it bears some defects as follows: the state's supremacy is maitained all the same; the system of division of powers provided equivocally; the system of constitutional supervision very coarse and imperfect; our constitutional techniques are backward; some procedures concerned in want; civil rights and state power in a situation of imbalance. Scholars macroscopically give lots of advices on future modification of our constitution. Firstly, be sure to be guided by DengXiaoping's Theory; Secondly, be sure to center on the relationship between property right and state power; Thirdly, be sure to perfect our constitutional techniques. In the meantime, they suggest that systems safeguarding human rights be established, that systems of experimental region of legislation be set up, that the System of People's Congress be consummated, that our constitution be applied in judicial procedures. Moreover, scholars put forward many specific proposals for the modification of the constitutional text.