浅论民主、法治与宪政的关系——从“洛阳玉米种子案”引发的思考

在河南洛阳玉米种子案中,中国现阶段的民主、法治与宪政之间的张力暴露无疑,其实三者之间关系并非只有冲突与抵牾。首先,民主与法治是互为内容与形式的,两者之间有着相互依存、相互促进的关系。其次,法治与宪政之间属于上下位的关系,宪政是对法治缺陷的修正,最后,民主与宪政关系表现在:宪政不仅是对法治的制约,而且也是对民主缺陷的修正,二者是形式上(主观上)的冲突、而实质上(客观上)的相互制约但同时具有彼此促进的关系。

Comments on Relations between Democracy, the Rule of Law and Constitutional Government——Consideration on the case of "Luoyang corn seeds"

The maize seed case in Luoyang,Henan see the contradiction and tension between China's constitutionality,democracy and the rule of law exposed,But in fact the relationship among them is not only competing with the conflict.First,democracy and the rule of law is premised on the content and form,between the two interdependent and mutually reinforcing relationship.Secondly,between the rule of law and constitutional government from top to bottom is the relationship between,the constitutional rule of law is flawed amendment,finally,democracy and the constitutional relationship of the performance : not only constitutional constraints on the rule of law,but also to the democratic deficit that,They are in form(subjective) conflict,in reality(objective) to restrain each other but with each other to promote relations.