对于“违宪审查”的概念分析

A Conceptual Analysis of "Investigations in Violation to the Statute"

违宪审查热是当前宪法学研究的一个误区。抛弃倾尽全力论证和推动违宪审查制度建立的理想主义,首先应该探讨的是违宪审查的基本概念。应该严格界定违宪的概念,尤其是要与违法区分开来,继而分析究竟什么是违宪审查,在此基础上讨论我国违宪审查的现状。

Investigation in violation to the statute as popular today is in fact a mistake for statute studies. In comparing with that idealist demonstration and movement around investigation in violation to the statute, what is most important is to analyze the concept of investigation in violation first of all. We ought to define accurately the concept of violation to the statute, in particular differ it from violation to law, and in addition, analyze the nature of investigation in violation to the statute. Only on such a basis, could we discuss the situation of investigation in violation to the statute.