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读了孔庆明教授的商榷文章(以下简称“孔文”),觉得他对维护宪法尊严的深切关注和对党政机关及其领导人可能产生的违宪行为的忧虑,是很值得重视的,这也是拙文多处所论及的。笔者与他有同感。在这方面,同孔文并没有基本的分歧。也感谢他对抽文的关注与补充。不过,孔文中有的论点似可再商榷。一、关于违宪主体问题这在宪法学界是有争论的问题。孔文认为,违宪主体“只能是国家政权机关及有权代表这些机关的人员”,而“人民的革命实践”既使突破了宪法,引起宪法演变,“人民群众也不负违宪责任”,而且认为近年来
Having read a deliberation article by Professor Kong Qingming (hereinafter referred to as “Kong Wen”), it is worth noting that he is deeply concerned about the dignity of the constitution and the possible unconstitutional acts that the party and government authorities and their leaders may have. I talked about in many places. I agree with him. In this respect, there is no fundamental difference with Kong Wen. Also thank him for the attention and complement of the pumping. However, there are some arguments Kong Wen seems to be open to question. First, on the subject of unconstitutional This is the controversial issue in the constitutional academic circles. Kong Wen believes that the unconstitutional subject “can only be the state power organ and the person entitled to represent these organs”, and “people’s revolutionary practice” not only broke through the constitution but also caused the constitutional evolution, and “the people are not responsible for the unconstitutional act” And think in recent years