中国宪法语境中的舆论监督含义探讨

An Exploration of the Connotation of Supervision by Public Opinion in the Context of the PRC Constitution

在中国宪法语境中,舆论监督具有双重含义:一方面是人民主权,一方面是公民权利。但是由于人民主权与公民权利之间存在张力,舆论监督的规范性含义一直存在局限。本文认为,应当引入哈贝马斯的话语商谈理论,把人民主权与公民权利辩证地统一起来,重构舆论监督的正当性基础,这样才能成功地在中国宪法语境中建构舆论监督的规范性含义。在此基础上,本文进一步提出,舆论监督的运作机制是强调公众与国家对话、沟通的"协商民主"。

＂Supervision by public opinion＂ has a double meaning in the context of the PRC Constitution. On the one hand, it is the manifestation of popular sovereignty, while on the other hand, it is the individual civil rights. However, there are some problems for the meaning of ＂supervision by public opinion＂ due to the tension between popular sovereignty and the civil rights. In order to successfully construct the normative meaning of ＂supervision of public opinion＂ in the context of the PRC Constitution, this paper argues that Habermas＇s discourse theory should be introduced to make popular sovereignty and civil rights unify, and then reconstruction of justness foundation of ＂supervision by public opinion＂. On this basis, this paper further proposed the operating mechanism for ＂supervision by public opinion＂ is deliberative democracy which emphasis on dialogue and com- munication between public and State.