中国宪法实施与法治思维——来自宪法事例的声音

Implementation of Chinese Constitution and Thoughts of the Rule of Law ——Voices from Constitutional Incidents

我国现行宪法实施一直与宪法事例存在实际的联络,对典型宪法事例的归类分析中可以看出法治思维的必要。依循传统的权利分类,"个体"思维、程序思维、公法思维、"唯法"思维可以成为首尾相顾的权利保障思维体系,而更广泛的宪法事例解构可以为强化宪法实施的法治思维之变现提供直观反馈与技术支持。

Chinese implementation of Constitution has always been connected with constitutional incidents practically. The necessity of thoughts of the Rule of Law can be seen from the analysis on typical constitutional inci- dents. According to the classical right classification, the thoughts of ＂individuals＂, thoughts of procedure, thoughts of public law and thoughts of ＂only law＂ can become the thought system of safeguarding rights from end to end. More extensive deconstruction of constitutional incidents can present direct feedback and technical support for strengthening the realization of thoughts of the rule of law of constitutional implementation.