紧急状态入宪的宪法学思考

把“戒严”改为“紧急状态”成为 2 0 0 4年修宪的焦点之一。本文从五个方面对紧急状态入宪进行宪法学思考 :紧急状态的内涵和外延比戒严更能反映社会现实的宪法要求 ;将戒严修改为紧急状态是宪法职能转变的标志之一 ;紧急状态入宪使得国家紧急权具有正当性 ;紧急状态入宪整合了我国现有法律体系中的各项具体紧急状态立法 ,为制定《紧急状态法》提供了宪法依据 ;紧急状态入宪丰富了宪法秩序的内涵。

Thoughts on the addition of emergency state to the constitution

One of the focuses of the constitutional amendments is changing "Martial Law" into "Emergency State". Five aspects of the amendments have been discussed in this article: the connotation and denotation of the emergency state better reflect social reality than martial law; this revision is one of the symbol of the functional transformation of the constitution; addition of emergency state to constitution makes the country's emergency power legitimacy; the addition adjusts all kinds of legislation concerning emergency in the law system and offers the constitutional evidence for the making of " Law of Emergency State"; the addition also has enriched the connotation of the constitutional order.