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源自古希腊的自然法思想对近现代宪政实践产生了深远的影响,自然法思想中对理性精神和个人价值的肯定以及对“完美”政体的不断探求,成为近现代宪政实践中国家权力分立制衡、违宪审查制度等的理论渊源。本文试图通过比较自然法与中国法律传统,从而探寻中国宪政秩序构建的困境与出路。
The natural law thought originating from ancient Greece had a far-reaching impact on the practice of modern constitutional government. The affirmation of rational spirit and personal value in the thought of natural law, as well as the continuous exploration of the “perfect” political system, became the most important part of modern constitutional government The separation of powers, the constitutional review system and other theoretical sources. This article attempts to explore the dilemma and way out of the constitutional order construction in China by comparing the natural law with the Chinese legal tradition.