一、引言大约十年前,“良性违宪”论曾在法学界引起不少争议。~①很长时间以来,笔者自己也是基本上持反对意见。~②固然,改革开放以来,主要是由于非公有制和市场经济的发展,中国宪法不断面临着修改的压力,否则就将成为经济改革的羁绊。但是中国宪法是一部相对“柔性”(flexible)的宪法,修宪程序比较简单;事实上,绝大多数法律的制定和修改都能 I. INTRODUCTION About ten years ago, “benign unconstitutionality” theory has aroused much controversy in the legal science community. ~ For a long time, the author himself basically opposed the opinion. Although it is mainly due to the development of non-public ownership and market economy since the reform and opening up, the Chinese constitution is under constant pressure of revision, otherwise it will become the fetter of economic reform. However, the Chinese constitution is a relatively “flexible” constitution with relatively simple procedures for constitutional amendment. In fact, the vast majority of laws can be formulated and amended