论文部分内容阅读
一、引言早在上个世纪末,中国开始了全面的改革开放,中国的法制建设也出现了前所未有的历史机遇,当时学界就有人提出,中国将由“民法的时代”进入“宪法的时代”。但是,由于种种原因,中国的法治进程并没有像人们想象的那么神速。但是,在进入21世纪之后,中国的法治进程似乎出现了加速发展的趋势。这其中既有过去几十年的积累,又有国际环境的推动,比如加入WTO对中国法治发展提出了更高的要求,中国要对自己签署并批准的国际公约履行应有的责任。在进入21世纪的第一年里,围绕宪法问题先后发生了几次影响深远、意义重大的事件,主要有以下三件:沈阳市人大否决沈阳中级人民法院工作报告事件(学界一般把它称为“沈阳中院事件”);最高人民法院做出了《关于以侵犯姓名权的手段侵犯宪法保护的公民受教育的基本权利是否应承担民事责任的批复》(学界一般把它称为“8.13批复”);青岛考生质疑高考录取而状告教育部案。这三
I. Introduction As early as the end of the last century, China started a comprehensive reform and opening up. China’s legal system construction also witnessed unprecedented historical opportunities. At that time, some scholars in the academic circle suggested that China would enter the constitutional era from the “era of civil law” “. However, due to various reasons, the process of rule of law in China is not as quick as people think. However, after entering the 21st century, the process of rule of law in China seems to be accelerating. These include not only the accumulation in the past few decades but also the promotion of the international environment. For example, China’s accession to the WTO has set higher requirements for the development of the rule of law in China. China must fulfill its due responsibility for the international conventions it has signed and ratified. In the first year of entering the 21st century, several major and significant events have taken place around the issue of the constitution. These three major issues are as follows: The Shenyang Municipal People’s Congress vetoed the report of the work of the Shenyang Intermediate People’s Court ”Shenyang Intermediate Court Incident “); the Supreme People’s Court made the ”Reply on Whether the Basic Right to Education of Citizens Subject to Constitutional Protection Violated by Constitutional Protections Should Bear Civil Liability“ (the academic circles generally refer to it as ”8.13 approved "); Qingdao candidates questioned college entrance examination and sued the Ministry of Education case. These three