宪法概念的分析整合与重新界定

Study on Analysis,Conformity and Re-demarcation of the Concept of Constitution

有越来越多的学者对传统的宪法概念提出质疑 ,认为传统宪法概念未能揭示它的本质属性。笔者在几位学者明锐的思想及新颖观点的影响和感召下有所启示 ,并试着发表一点见解。笔者认为 ,宪法是调整国家权力在社会中的初次分配和从总体上赋予公民基本权利及协调二者关系的根本法。笔者认为这个定义明确指出了宪法的调整对象 ,揭示了宪法的根本属性 ,能清晰地表达宪法同其他部门法的关系 。

More and more experts raise doubts and questions to the traditional concept of constitution, they hold that the traditional concept of constitution could not reveal the essential property of itself. The author has got inspirations under the influence and impels of sagacious perception and novel viewpoint raised by some experts, and tries to express his own opinion here. The author believes that the constitution is the fundamental law, which adjusts the primary distribution of state power in the society and gives the citizen essential right, and also coordinates the relation between the both sides. This definition sharply pointed out the adjusting object of the constitution, revealed the essential property of constitution, and expressed the relation between constitution and the law of other departments so that it really jumped out from the binding of traditional theory of constitution.