论违宪审查制度与我国民主集中制的矛盾及其解决

The Contradiction between the Constitutional Review System and Democratic Centralism and Its Resolution

自1982年宪法实施以来,我国法学界一直在关注违宪审查问题。现在争论的焦点不再是建不建立违宪审查制度的问题,而是建立何种违宪审查制度的问题。笔者认为。我国学者过多关注于具体的模式选择,而忽略了体制层面上的反思。本文在分析违宪审查制度概念,特点,必要性的基础上,着重指出问题的实质在于违宪审查制度与我国民主集中制之间的矛盾。而解决矛盾的关键是坚持把民主、宪政、法治作为根本出发点和最终归宿,丰富民主集中制的内涵。最后,笔者也探讨了在全国人大下建立"宪法委员会"的可行性。

The Chinese jurists are concerning the problem of constitutional review system since the Constitution made in 1982 being putting into effect. The most important question is not the question whether to establish the constitutional review system, but which system should be founded. The writer considers that the jurists payed too attention to the select of specific model and neglected the rethinking of the system. The paper points out that the essence of the question is in the contradiction between the constitutional review system and democratic centralism on the basis of analyzing the conception of constitution review system, characteristic and necessity. And the key to result the problem is to persist in democracy, constitutionalism and ruled of law as the starting point and final goal. On the other hand, we should enrich the connotation of democratic centralism, At last, the writer approeches the feasibility of establishing The Constitutional Committee under the National People Congress.