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宪法是不是“法”?作为一般法律常识,就是平常百姓想必也是无人不知,无人不晓的事情。换句话说,对一般人而言,不是一个问题。然而这一常识在司法专业领域,却常常成为一个不是问题的问题。读了《一家企业,两个法人代表》(载《南方周末》1999年10月22日第七版)一文后更有此感。中华人民共和国宪法第17条第二款规定:“集体经济组织实行民主管理,依照法律规定选举和罢免管理人员,决定经营管理的重大问题”。这一规定从宪法上十分明确的授予了集体经济组织,以及全体劳动者依照法律规定自主选举和罢免企业管理人员,决定自身经营管理重大问题的权利。然而浙江台州临海市城关镇政府,却无视临海四建公司
The Constitution is not “law”? As a common law common sense, that is, ordinary people must also be unknown, unknown to all. In other words, it is not a problem for the average person. However, this common sense is often not a problem in the field of judicial profession. After reading the article entitled “One Company, Two Legal Representatives” (which contains the seventh edition of the Southern Weekend on October 22, 1999), I felt even more so. Article 17, paragraph 2, of the Constitution of the People’s Republic of China stipulates: “The collective economic organization shall exercise democratic management and elect and remove managerial personnel in accordance with the law and decide on major issues of management and administration.” This provision is very clearly given to the collective economic organizations from the constitution and the right of all laborers to independently elect and dismiss business managers in accordance with the law and decide on major problems of their own operation and management. However, Linhai City, Taizhou, Zhejiang Chengguan town government, but ignore the four sea-built companies