英文摘要 |
"Constitutional reasoning is the logical process and basic form of constitutional clarification. The main contradiction in the implementation of the Chinese Constitution is between the active interpretation of the meaning of the Constitution and the requirement to regulate social life. In order to achieve the goal of ""perfecting the system and mechanism of ensuring the implementation of the constitution"" brought forward in Fourth Plenary Session of the 19 th Central Committee of Chinese Communist Party, the highest organ of state power,which is NPC and its Standing Committee, should output constitutional connotations regularly through constitutional reasoning to form a mechanism for exporting constitutional meaning with Chinese characteristics. The constitutional reasoning is beneficial for repeatedly confirming the ""appropriate"" outputting center of constitutional meaning, stimulating the inner power of the ""living constitution"", and also favorable for providing a basis for other subjects to implement constitutional reasoning. Among various types of constitutional reasoning and different reasoning structures, the constitutional reasoning for the exercise of power can be summarized as four basic rational elements: political legitimacy, constitutional textual basis, the relationship between the constitution and the specific sector laws, and the constitutional procedure. The normalization of constitutional reasoning can provide conceptual systems, analytical logics, and demonstration methods for other social subjects implementing the constitution, thereby comprehensively improving the effectiveness of the constitution in state governance." |