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| Four constitutions have been made during the 55 years since the settlement of the People’s Republic of China. The current 1982 Constitution has undergone four times of revision. On the one hand, as the fundamental law of a state, Constitution requires to keep its stability; on the other hand, it also demands revision to conform to the actual social form and economic foundation. Nevertheless, revising Constitution is definitely a serious issue to be treated prudently. And... Four constitutions have been made during the 55 years since the settlement of the People’s Republic of China. The current 1982 Constitution has undergone four times of revision. On the one hand, as the fundamental law of a state, Constitution requires to keep its stability; on the other hand, it also demands revision to conform to the actual social form and economic foundation. Nevertheless, revising Constitution is definitely a serious issue to be treated prudently. And it is of vital importance how to deal with the relationship between stability and revision. This paper gives several reflections about it from the basis, power, the relationship between the revision of Constitution and the interpretation of Constitution. | 建国以来 ,我国共制定了四部宪法 ,现行的 1982年制定的宪法也经历了四次修改。宪法作为国家的根本大法 ,要保持其稳定性 ,同时宪法又必须与现实的社会形态和经济基础相协调 ,修改宪法又是必要的。即便如此 ,修改宪法毕竟是极端严肃和需要慎重对待的问题 ,正确处理宪法稳定和修改的关系至关重要。本文将从宪法修改的理由、宪法修改权以及宪法修改与宪法解释的关系等方面进行阐述。 | The present Japanese Constitution of 1947, generally appreciated because of its limitation of miniaturization and peaceful specialty, thus has been called "Peace Constitution " . The peace constitution laid a solid foundation for the fast re rise of Japan. It once protected the peaceful and stable environment of Asia but became the obstacle to Japan stepping into political and minatory big country. Entering into 21-century, Japan has been fast in the movement of the change of its constitution. Japanese different... The present Japanese Constitution of 1947, generally appreciated because of its limitation of miniaturization and peaceful specialty, thus has been called "Peace Constitution " . The peace constitution laid a solid foundation for the fast re rise of Japan. It once protected the peaceful and stable environment of Asia but became the obstacle to Japan stepping into political and minatory big country. Entering into 21-century, Japan has been fast in the movement of the change of its constitution. Japanese different parties and organizations all put forward their plans and proposals of the change of constitution, which is now put into action. The revision of constitution of Japan is bound to effect the future of Japan. | 日本现行的1947年宪法,因限制军事化和和平主义特色而受到普遍赞誉,其中第九条规定“不保持陆海空军及其他战争力量”、“不承认国家的交战权”,被称为“和平宪法”。和平宪法为战后日本迅速重新崛起奠定了基础,维护了亚洲和平稳定的环境,但却成为日本迈向政治和军事大国的障碍。进入21世纪,日本修宪步伐正大大加快,自民党计划在2005年内提交最终修宪草案。其他政党、社会团体和新闻媒体也纷纷提出修宪计划和提案,开始探讨修宪的具体程序和技术性问题,目前,修宪已进入实际操作阶段。日本修改和平宪法及其影响将事关日本国家未来走向。 | Amending and perfecting the institution of land expropriation and requisition is an important content of the 2004 constitution amendment in our country,which has great theoretical and realistic influence.But various problems existing in land expropriation and requisition are not presently resolved by revision of constitution,just changed a kind of form to exist objectively.According to special land right market in our country,this text,analyzing the key problems in land expropriation and requisition such... Amending and perfecting the institution of land expropriation and requisition is an important content of the 2004 constitution amendment in our country,which has great theoretical and realistic influence.But various problems existing in land expropriation and requisition are not presently resolved by revision of constitution,just changed a kind of form to exist objectively.According to special land right market in our country,this text,analyzing the key problems in land expropriation and requisition such as public purpose,due process,compensating standard,judicial remedy etc.,proposes that the land expropriation and requisition clause in the constitution should be amended to resolve the intrinsic conflict. | 修改与完善土地征收征用制度是2004年我国宪法修正案的一个重要内容,具有很强的理论意义和现实意义。但目前征地中存在的各种问题并未因为宪法的修订而解决,只是换了一种形式客观地存在下来。完善我国土地征收征用法律制度,实现征地的合理性和公平性,首先必须在宪法层面再次修订土地征收征用条款,解决宪法框架内征地制度设计的内在冲突。 | | |
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revision of constitution
宪法修改
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