论文部分内容阅读
一、问题之提出在我们这个时代,政治问题已成为优先于所有领域的前沿问题。当有学者在批判我们这个时代的“去政治化”时,却无法回避我们这个时代的“高度政治化”特征,~①经济的发展、文化的繁荣、法治的建设都受到政治目标的辐射影响。但同时需认清的是,一种发轫于社会内部的“去政治化”力量正在当下蓬勃兴起。这种“高度政治性”与“去政治化”之间的缠绕就构成了时下中国的典型特征,并成为当前各种理论争论的症结所在。时兴的“规范宪法学”与“政治宪法学”之争恰是这种纠葛在法学领域的集中反映。
I. PROBLEM PROBLEMS In our time, the political issue has become the frontier issue in all fields. When some scholars criticize the “de-politicization” of our time, they can not sidestep the “highly politicized” characteristics of our time. ① The development of economy, the prosperity of culture and the construction of the rule of law are subject to political Radiation effects of the target. At the same time, however, it needs to be clearly understood that a “de-politicization” force that is prevalent in the community is beginning to flourish right now. The twists and turns between this “highly political” and “de-politicized” constitute typical features of present-day China and have become the crux of the various current theoretical debates. The dispute between the fashionable “normative constitutional law” and “political constitutional law” is just the concentrated reflection of such disputes in the field of law.