我國憲法經濟制度規定的重新審視

A New Review of the Economic System Clauses in the Chinese Constitution

我國憲法的經濟制度規定，經常被批評變動過於頻繁、內容相當特殊和欠缺規範性。但全球半數以上國家的憲法規定了經濟制度，而且，我國憲法的此類規定，或是在比較法意義上遠非特例，或是體現著社會主義性質，或是具有重要的歷史性貢獻，其內部並非充斥政策性條款，過往也不能籠統地說變動過於頻繁。在當前的時代背景下，經濟制度規定將趨於穩定，並能通過憲法解釋而增強與憲政、自由等理念的結合，愈益展現出規範性。因此，應當更加客觀地看待我國憲法的經濟制度規定，相信其變動、非規範性的問題將會逐漸得到克服，所謂特殊性亦將獲得公允評價。

The economic system clauses in the Chinese Constitution has been criticized for frequent changes and their contents are quite exceptional and lack of normative power. How ever, a new view shows that more than half of the Constitutions in the world provide economic system, and the economic system clauses in Chinese Constitution have made historical contribution; it is too general to say the clauses were changed too often in the past, and the viewpoint that many of them are just policy also inaccurate. The clauses will tends to be fixed by Constitutional Interpretation, increasingly combine with the ideas like Constitutionalism and Liberalism and become more and more normative. Therefore, the economic system clauses in the Constitution should be viewed further objectively, because the shortcomings of frequent changing and non-normative will be overcome gradually, also the exceptionality will be fair evaluated.