西方宪法文化对我国的影响与启示简

在宪法和制度的意义上,我国似乎自古以来就缺乏建立和完善制度的能力.在宪法文化中,能力及力量的不平衡是权力作为解决冲突方式的前提与基础.而平等是制度运作的基本前提.西方宪法文化对我国宪法文化建设很有启发,向我们指明了制度经常是利益斗争和调和的产物,其产生需要建立在一定基本共识和共同观念之上,制度对宪法文化也有相应的反作用.因此,我们可以从宪法实施入手,并加强对宪法文化权利的保护宣扬我国宪法文化.

The Influence and the Enlightenment of Western Constitutional Culture to Our Country

On the meaning of the constitution and the system of our country, it seems that since the ancient times our country lack of ability to establish and perfect the institution. In the constitutional culture, the imbalance of pow- er and ability is the prerequisite and foundation of power as a way to resolve the conflict. The equality is the basic premise of system operation. Western constitutional culture inspired the construction culture of the constitution in our country, which pointed out that the system is the product of interest struggle and reconcile, which need to be built on a basic consensus and common ideas, and institution also has the corresponding reaction to constitutional culture. Therefore, we can start from the implementation of the constitution, and to strengthen the protection of constitution of cultural rights to promote constitutional culture in China.