试论我国宪政程序的完善

How to Perfect the Procedures of Constitutional Government in China

我国宪政程序在立宪程序、行宪程序和护宪程序中都还存在着很多不足,其主要原因在于程序工具主义观念、程序主体不独立和严格规则主义的影响。对此,笔者根据正当程序的观念和宪政主义的要求,分别对三大宪政程序提出了完善措施,以期早日实现法治国家的战略目标。

The practice of constitutional government in China needs to be perfect because of the shortcomings in the procedures of constitutionality, of executing the constitution and of upholding the constitution, which are resuited from the backwardness of such concepts as procedure being just an instrument, the independence of the procedure object, and the influence of such practice as sticking to every rule. The author of this article has thus put forward some suggestions about how to perfect the procedures of constitutional government in China, hoping that such measures will be helpful in realizing the strategic goal of ruling the county by laws as early as possible.