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全国人民代表大会有没有制定宪法的权力?或者说中华人民共和国宪法是由谁制定的?这个本应在中学政治课中学习的问题,许多中学生不明白,许多教师也不明白。为此,笔者查阅了《中华人民共和国宪法》。宪法第六十二条规定了全国人大拥有“修改宪法”的权力,除此之外,没有规定哪一个国家机关享有“制定宪法”的权力。但是,这是为什么呢?一、从宪法的本质看,任何国家机关和个人都不能享有制宪权在阶级社会里,宪法的本质与普通法律一样,都是统治阶级意志和利益的
Does the National People’s Congress have the power to formulate a constitution? Or does it say that the constitution of the People’s Republic of China was created? This problem that should have been studied in political classes in middle schools is something many middle school students do not understand and many teachers do not understand. For this reason, the author reviewed the Constitution of the People’s Republic of China. Article 62 of the Constitution stipulates that the National People’s Congress has the power to “modify the constitution.” In addition, there is no provision for which state agency has the power to “constitute a constitution.” However, why is this? First, judging from the constitutional nature, no state organ or individual can enjoy the right to form a constitution. In a class society, the nature of the constitution is the same as the common law, and it is the will and interest of the ruling class.