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本文是根据作者在南京大学—哥廷根大学中德法学研究所举办的“《德国基本法》60周年”学术研讨会上所作的报告整理而成。报告主要由三方面内容组成:法治国家和民主原则的确定;法治国家和民主的重建;宪法变迁中得以不断巩固和扩展的民主体制和法治国家。通过与魏玛共和国和第三帝国时期的消极经验进行比较,作者指出,德国《基本法》成功的变迁首先是通过稳定的民主体制以及不断扩展和深化的法治国家得到彰显的。紧接着作者针对德国《基本法》中对民主体制和法治国家的强化和巩固作出了重要贡献的制度创新进行了分析。
This article is based on the report compiled by the author at the 60th Anniversary of the German Basic Law organized by Nanjing University-German Studies Institute of German and German Studies at Göttingen University. The report mainly consists of three parts: the rule of law and the establishment of democratic principles; the reconstruction of the state and democracy under the rule of law; the democratic and rule of law countries that have been constantly consolidated and expanded during the constitutional changes. By comparing with the negative experiences of the Weimar Republic and the Third Reich, the author points out that the successful change of the German “Basic Law” was first manifested through a stable democratic system and a constantly expanding and deepening rule of law. The author then analyzes the institutional innovations that made important contributions to the strengthening and consolidation of democratic and law-based countries in the German “Basic Law.”