论我国“权利制约权力”的现实困境

    On the Reality of the Predicament of the Rights to Restrict Power in China

    • 摘要: 通过对“权利制约权力”模式含义与内核的解读,指出我国近期真正实现该模式存在的三大主要困境,即权利的实现缺乏一定的物质保障,使得权利话语逐渐“沦为”一种修辞技术;市民社会的发育欠成熟以及宪法诉讼制度的缺位。并基于这种认识,试图探寻化解这种困境的可行性路径。

       

      Abstract: The rights to restrict power has been recognized by our scholars as one of the fundemental modes to restrict power,which is based on the theory of people's sovereignty in the context of supremacy of civil rights,applied in the mature civil society,and needs rather complete guarantee of constitutional lawsuit system.Through the intepretation of the meaning and the core of rights to restrict power,this article points out the three major predicaments of realizing this mode in China as follows:the lack of material security for the realization of rights,which reduces the discourse of rights to a rhetoric devices,the immaturity of civil society and the absence of constitutional lawsuit system.Based on the understanding,this article aims to find a feasible way of eliminating the predicament.

       

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