我国宪法经济制度规定的重新审视

A New Review of the Economic System Clauses in the Chinese Constitution

我国宪法的经济制度规定,经常被批评变动过于频繁、内容相当特殊和欠缺规范性。但全球半数以上国家的宪法规定了经济制度,而且,我国宪法的此类规定,或是在比较法意义上远非特例,或是体现着社会主义性质,或是具有重要的历史性贡献,其内部并非充斥政策性条款,过往也不能笼统地说变动过于频繁。在当前的时代背景下,经济制度规定将趋于稳定,并能通过宪法解释而增强与宪政、自由等理念的结合,愈益展现出规范性。因此,应当更加客观地看待我国宪法的经济制度规定,相信其变动、非规范性的问题将会逐渐得到克服,所谓特殊性亦将获得公允评价。

The economic system clauses in the Chinese Constitution has been criticized for frequent changes and their contents are quite exceptional and lack of normative power.How ever,a new view shows that more than half of the Constitutions in the world provide economic system,and the economic system clauses in Chinese Constitution have made historical contribution;it is too general to say the clauses were changed too often in the past,and the viewpoint that many of them are just policy also inaccurate.The clauses will tends to be fixed by Constitutional Interpretation,increasingly combine with the ideas like Constitutionalism and Liberalism and become more and more normative.Therefore,the economic system clauses in the Constitution should be viewed further objectively,because the shortcomings of frequent changing and non-normative will be overcome gradually,also the exceptionality will be fair evaluated.