论制宪权的主体

A Study on the Body of the Right to Make Constitution

制宪权主体是制宪权的构成要素之一,分为制宪权的享有主体与制宪权的行使主体。基于人民主权理论,制宪权的享有主体应是人民,人民作为制宪权的享有主体具有重要的宪政价值。人民间接行使制宪权,制宪权的具体行使者是制宪机关,制宪机关行使制宪权要考虑社会现实需要、本国国情和历史传统、其他阶层利益和意志、民众的普遍接受程度等相关因素。我国的制宪权享有主体是人民,全国人民代表大会是制宪权的具体行使机关。

The body of the right to make constitution is one element of the right to make constitution. It can be separated into the enjoy body and the exercising body. That the enjoy body of the right to make constitution is the people is due to the theory of people＇s sovereign theory. The people as the enjoy body of the right to make constitution has important constitutional government value. The people exercise the right to make constitution indirectly and the concrete exercising body is the organ of making constitution. When exercising the right, they need to think some relevant factors such as the social real needs, homeland national conditions and history tradition, other stratum＇s benefit and will, public＇s recipient common degree, etc. The enjoy body of the right to make constitution in China is the people and the national people＇s congress is the concrete exercising body of this right.