论宪法的控权本质

On the Natrure of Constitution's Control Power

现代法治最本质的精神和特点就是控权。在现代法治国家 ,法治的控权功能首先由宪法确立并由宪法所保障。并成为宪法的核心内容。没有控权就没有宪法 ,没有宪法也没有控权。宪法的控权本质是宪法作为根本法的前提和依据。宪法作为根本法就因为它是控权法。反之 ,宪法如果没有控权功能 ,就会失去根本法的地位。宪法的控权本质在中国长期不受重视。中国宪法学界的“多重本质论”在很大程度上削弱了宪法的控权本质 ,从而影响了中国宪法的实施。中国的宪政建设不仅面临宪法观念的突破 。

The most hypostatic spirit and the characteristics of Modern law is its control power. In modern nations ruled by law the constitution's core contents concern the establishment of control power and its guarantee.Without the control power, there would be no constitution, and vice versa. The constitution's innate character of control power is a premise for it to become the basic law. The constitution becomes the basic law because it is a power control law. Without its power control function, the constitution would lose its position as the basic law. The power control nature of constitution has been long ignored in China. The “multi nature theory” in the Chinese constitution research circle has to a large extent weakened the constitution's power control character, and affected the implementation of the constitution. China not only needs breakthrough in the constitution concept, but also faces the construction of a power control system.