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修宪程序的设置,是宪制法治的必然要求;任何已形成的修宪程序结构都预先决定着各修宪行为以及修宪行为各要素在整个修宪过程中的地位、性质与功能。我国现行宪法对修宪程序作了较为全面的规定,但仍有值得改进之处。当然,从根本上讲,完善我国的修宪程序主要不在于规范层面而在于事实领域;如何在程序内的因素与程序外的因素之间寻找一个恰当的平衡点,使二者有机结合,应当是必须予以重视的一个重大的宪政课题。虽然,在修宪过程中,程序公正与结果公正不能完全达到一致,但建立公正、民主的修宪程序仍然应当是宪政建设中必须鼎力追求的目标。
The establishment of a constitutional amendment procedure is an inevitable requirement of the constitutional rule of law. Any formed constitutional amendment procedure structure pre-determines the status, nature and functions of the constituent amendment acts and the constituent elements of constitutional amendment throughout the constitutional amendment process. The current constitution of our country made more comprehensive provisions on the process of constitutional amendment, but there are still some areas worth improvement. Of course, fundamentally speaking, improving China’s Constitution Amendment process is mainly not in normative aspects but factual areas; how to find an appropriate balance between procedural factors and procedural factors, so that the two should be organically integrated and should It is a major constitutional issue that must be valued. Although procedural fairness and fairness of results can not be fully agreed upon in the process of constitutional amendment, establishing a fair and democratic constitutional amendment procedure should still be the goal that must be vigorously pursued in the constitutional construction.