对最高国务会议制度立法过程的历史考察

Historical Study of Law-Making Process of the Supreme State Conference System

1954年宪法所确立的最高国务会议制度,与新中国的政治发展进程有密切关系。最高国务会议制度最早出现在由毛泽东主持的宪法起草小组1954年1月起草的宪法草案第一次修正稿中,在3月的《中华人民共和国宪法草案(初稿)》中初步成型,在6月的《中华人民共和国宪法草案》中基本成型。经过向苏联方面征求意见和全民大讨论后,最高国务会议制度伴随着1954年宪法的通过而最终确立。最高国务会议制度的创设,经过了党内外、国内外、从上到下的热烈而充分的讨论,展现出鲜明的开放性,体现了对民主和法治的追求。最高国务会议是一个过渡性的制度,它的创设源自当时的政治需要。立法者对最高国务会议条文作了一定程度的模糊化处理,使其在实践中具有相当的弹性。

The system of Supreme State Conference was stipulated by The Constitution of 1954 and has close relationship with political development of the People’s Republic of China.It first appeared in the first revision of the constitution drafted by the Constitution Drafting Team chaired by Mao Zedong in January,1954,took the early form in The First Draft of Constitution of the People’s Republic of China in March,and took the basic form in The Draft of Constitution of the People’s Republic of China in June.After consultancy with the Soviet Union and national discussion,it was finally established with the approval of The Constitution of 1954.Its adoption is the result of hot and thorough discussion from both inside and outside of the Party,from both home and abroad,and from top to bottom,which reflects distinct openness and the pursuit for democracy and rule by law.As a transitional system,it was stipulated according to political demand during that period.The law makers made some fuzzy treatment of its article which allowed of some flexibility in practice.