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宪政是将宪法文本化的意识形态从应然走向实然的政治过程和政治形态,是现代民主国家的价值选择和理想状态。宪政的首要且最终目的是控制公权,保障私权。由于公权的天然膨胀性,依法行使公权仅靠政府的自控往往是不够的,服务于宪政模式的“控权”思想应运而生,“控权”应该成为实现宪政的必要途径和重要手段。本文着重从“控权”思想这一角度对现代我国的宪政实践进行讨论和思考,以期为我国宪政的完善和发展贡献自己的力量。
Constitutionalism is the political process and political form that takes the ideology of the constitutional texts from the reality to the reality, and is the value choice and the ideal state of the modern democratic countries. The primary and ultimate goal of constitutional government is to control public power and protect private power. Due to the natural expansibility of public rights, it is often not enough to exercise public power according to the government only by the government. The idea of “controlling power” serving the constitutional pattern has come into being, and “control power” should become the necessity of realizing constitutional government Ways and means. This article focuses on discussing and thinking about the constitutional practice in modern China from the perspective of “control ” thinking, with a view to contributing our own strength to the perfection and development of our constitutional government.