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一国宪法为战争的发动、和平的维持预设了基本条件和制度,在中国宪法中也规定了多项战争规范。事实上,中国历部宪法文本勾画了战争与制宪的关系:即制宪作为战争的结果和目的,而战争成为制宪的必要手段与方式,连接二者是人民在革命和制宪中的主体地位。军队在中国宪法中处于关键且特殊位置,因为军队不仅事实上主导了建国战争,而且从法理上参与了建国制宪。宪法强调公民效忠与保卫国家的义务,但此义务也恰恰是公民政治地位的体现。宪法在战争权的分配方面形成了复杂的宪制安排,意在保证战争权高效审慎地运作。概言之,宪法中的战争规范指向“为谁而战”的问题,体现为“人民主权”与“国家主权”的双重宪法逻辑。
The constitution of a country presupposes the basic conditions and system for the launch of the war and for the maintenance of peace. It also stipulates a number of war norms in the Chinese constitution. In fact, the text of the Constitution of the Chinese calendar lays out the relationship between war and constitution: the constitutional act as the result and purpose of the war, and the war has become the necessary means and mode for making constitutional order. The connection between the two is a matter for the people in the revolution and constitution The main status. The army is in a crucial and special position in the Chinese constitution because it not only dominates the war of foundation of the nation but also participates in the constitutional establishment of the nation by law. The Constitution emphasizes the duty of citizens to loyalty and defend the country, but this obligation is precisely the embodiment of citizen’s political status. The Constitution has formed a complicated constitutional arrangement in the distribution of the war power with the aim of guaranteeing that the war power operates efficiently and prudently. In summary, the war norms in the Constitution point to the question of “fighting for whom”, which is embodied in the dual constitutional logic of “people’s sovereignty” and “state sovereignty.”