《物权法（草案）》违宪之争的理性解读

《物权法(草案)》在今年全国人大会议上未能按计划列入讨论议程,其中该草案是否违宪成为起草人和民意间的最大分歧。当人们对一项立法是否违宪产生争议时,可以通过建立宪法解释机制弥合民意分歧。如此不仅可为物权法立法扫清障碍,而且会对我国社会转型时期的宪政建设产生深远的影响。

"Property Rights(draft)": Against the constitution or Not?

There are many reasons for the refusal of property rights being on the agenda in the national people's congress,and among these reasons whether it is against the constitution is the biggest dispute between draftsman and common people.Why not stop discussing about whether it is against the constitution or not? I think we should focus our attention on the constitution itself. When we are not sure whether a law is against the constitution or not,we can build an explanation system to dissolve this dispute.In this way,we can eliminate barriers for the legislation of property rights,and produce a big impact to the constitution construction in this transitional period of China.