论宪法稳定与宪法修改需求性的价值平衡

On the Value Balance of Necessary Constitutional Maintenance and Amendment

我国现行宪法文本自1982年制定以来进行了四次修改,而这四次修改皆因社会经济形态和社会结构的发展等外力所助推的结果。宪法需要适应社会的发展,同时由于宪法自身最高法的特殊性,宪法又需要保持稳定性。实现宪法的稳定,需要重新建构宪法稳定观,追求宪法实质稳定而放弃社会转型期的形式稳定。明确社会发展对宪法修改的合理需求性,平衡宪法稳定性与社会发展需求性之间的二元矛盾。

Since the establishment in 1982, China＇ s present Constitution has been amended four times. All of these anmndments are forced by the development of social economic formation and social structure. Constitution needs to adapt to the demand of social development, as well as to sustain the stability because of its speciality as supreme law. In order to realize the stability of Constitution, we need to reconstruct stable outlook of Constitution, pursue the essential stabilization of Constitution, and abandon formal stability in social transformation period. We must definitude reasonable demand for Constitution amendment which is necessary with social development, and stabilize dual contradictions between the Constitution stability and social development requirement.