Picking the flowers of constitutional studies
November 22, 2023 09:35 Source: "China Social Sciences", November 22, 2023, Issue 2778 Author: Chen Zheng

From the preliminary edition of 2011、The second edition of 2015、The third edition of 2018 to the fourth edition of 2023,The Constitutional Lecture of Constitutional Studies by Professor Lin Laifan has always been a best -selling book of law and students,And show new vitality and vitality after each revision。At present society where the rhythm is getting faster and faster,Performance pressure and speed anxiety makes "Professor Slow Professor" more and less rare,Breeding and long -term care of a textbook with both rationality and feelings,This behavior itself has ideals and romantic colors。

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Under the appearance of the positioning of the textbook and the humorous language,The book reflects the worries and reflection of a generation of constitutional scholars on Chinese constitutional research and teaching。Chinese traditional constitutional textbooks mostly position constitutional science as a category of social sciences,Constitutional research objects are mainly limited to the essence of the Constitution and the regularity of its generation and development,In particular, it is not limited to the introduction of the content of the constitution and the annotation of the provisions。This external observation of the constitution cannot be said deep,But just like Han Da Yuan、Lin Laifan and Zheng Xianjun three scholars in the book "Special Research on Constitution",Chinese constitutional researchers have always suffered from traditional constitutional studies that cannot get rid of the dependence on political analysis tools and methods,Too many methods to borrow non -traditional law,Lottery in the face of increasingly diverse constitutional phenomena and the power of constitutional issues。bet365 best casino games Constitution, after all, has the uniqueness of law,Its vitality is to answer the "legitimacy" of specific disputes or social problems,For a long time before,The Constitution is not used in cases like civil law and other laws,The hikes of key research objects and the externalization of core research methods have made the Chinese constitutional studies difficult。

At the same time,Professor Lin Laifan also realized,Constitutional research itself has its own boundaries,Can't replace the people's decision,It can’t plan the direction of the epoch -making epoch -making in the ultimate sense,But scholars can still have their own persistence。As described in the book "From the Constitution Standard to the Regulatory Constitution: A Preface to Standard Constitution": "I don't strengthen what,I don’t recommend what,I just stop it。"This is exactly the effort made by the Constitution Lecture。In the preface of the first edition of "Constitutional Lecture",Professor Lin Laifan pointed out,Prepare a variety of hardships,Chinese Constitution, as a learning, is still one of the most difficult disciplines for research,From another angle,This also makes it a "one of the most easily superficial knowledge",Students will always be infected with "naive diseases of law"。Fighting here,"Constitution Lecture" is one of the ways Professor Lin Laifan responding to this problem。"Although it is not a textbook in the strict sense,But it came out,Maybe you can talk about the above regrets。”

  How to "Constitution Lecture"?

One,Adhere to the Chinese position and China Issue Consciousness,Promoting Sinicization of Constitutional theory,Say farewell to "Scenery of the Land of Colonial Scenery"。This is a goal that the second edition of the book has been proposed and always adhered to,"Constitution should first study the current constitution of the country。The focus is here,Others are assisted "。"Constitution is the bet365 Play online games motherland。"" In the Constitution Lecture ",The elaboration of each knowledge point of the book is almost based on the constitutional specifications of our country as the starting point or setting point。For example,"The house of citizens of the People's Republic of China from" Constitution "stipulated in Article 39 of the Constitution is not violated。Forbidden illegal search or illegal invasion of citizens' houses "introduced,Thinking about the citizen's house will not be invaded by whom、Whether there is a legal search and intrusion,and why the Constitution protects citizens' houses from infringement,Guide the reader's way of thinking about the doctrine of the teachings from a simple literary understanding。other,The author focuses on the introduction of local history and cases when explaining the principle and specifications,Introduction to the process of formulation in the 1954 Constitution in the book,and "Qi Yuling Case", "Peng Shuishi's Poetry Case", "Zhao C Name Case", etc.,The emphasis on local consciousness not only makes readers not be lingering in other countries,It can also pull the constitution and our distance in the specific context。

Its two,Persist in regulating the spirit of the Constitution and the spirit of humanism。The book criticizes the doctrine of German Constitutionalist Karl Schmidt: Agree with power determines the Constitution,Decover the constitutional constraint on power,It is a contempt for the normative constitution。Professor Lin Laifan emphasized,The core task of constitutional studies should be to explore the constitutional specifications,Considering other constitutions is just a secondary task。Centered on constitutional norms does not mean removing history、"Pure Law" of factors such as morality,Instead of recognizing the political nature of the Constitution,But distinguish value propositions and facts propositions。The bet365 Play online games words of the fourth edition of "Constitutional Lecture" are still "persuading" readers to let go of "legal strength",Do not compare the actual power comparison relationship and think of the constitutional specification,Should establish beliefs on the constitutional norms itself,Earnest and tender understanding constitutional text。Actually,The whole book does not ignore the description of the reality,For example,When introducing the ideas of the country, the concept of "the world" in ancient China、The concept of "national organism" in modern China and the contemporary Marxist country view,But it does not take the country as a country as a political phenomenon directly as the country's view of law,Instead, it is reminded that readers should pay attention to the state's legitimacy questions,That is, the view of rule of law in the rule of law in Article 5 of the Constitution。

Three,Both in -depth briefing、Vivid and interesting expressions Perform constitutional enlightenment,Build a bridge for extended thinking,A friendly textbook for readers and beginners。As Professor Lin Laifan once described,This book is "a pursuit of reason and a、Suitable for readers' Law Revolution of Brain Revisiting in their own laughter ",Traditional systems that do not look at one board,Calm -free text in the classroom record,Each detail is like a pleasant "stove -by -side conversation"。For example,The textbooks that previously explained the "Madison Case of Marbury" were unavoidable in the case "background" and "content" and "meaning",It seems that there is always the feeling of "positive and dangerous sitting",Between the mirror of this book,Readers will not only understand the knowledge they deserve,May also laugh at the author's ridicule in the history of constitutional history although the author loses the lawsuit。If the reader still feels that the content in the book bet365 Play online games is not enough to "quench thirst",You can also scan "Tips" and "Reading",Unpleasant words in the book。

Four,Alone with the times,Revolution Dingxin。During each revision process,Pay attention to the new content in teaching and new changes in institutional reform,Adding for more than ten years has also made the book continuously rejuvenating the new branch buds。The fourth edition of "Constitutional Lecture" supplements many details of knowledge。The theory of basic rights and the "Constitutional Implementation and Constitution Review" parts have a large length of expansion and rewriting: such as the introduction of private property rights. The meaning of private property is not violated "" public interest "," collection and collection "," compensation "; reintegration of the filing review system in accordance with the specifications such as the" Legislative Law "revised in 2023,etc.。In addition, the new details cannot be listed one by one,Including the description of the newly quoted Suchi Chen Chen Zhong in the "French Window" when introducing the concept of the Constitution,The term "Constitution" is translated by Japanese scholar Mu Lingxiang and transplanted by our country,and whether the person who proposed the writing constitution/unwritten constitution is the doubt of James Byces, etc.。

  "Lanxiang" in the Constitution Lecture

In the book "Law Law",Professor Lin Laifan once wrote a copy of Wang Shijie、"Comparative Constitution" by Qian Duansheng,He pointed out,There are at least three commendables in this book: first,Multi -language、Support of the first -hand authoritative literature in many countries; second,views based on solid literature review; third,Academic Spirit、A fair academic position。It is not difficult to cause imagination,The writing and revision of "Constitutional Lecture" also has the effort of "chasing the sages",In the 4th edition of the book,To Kylen、Illi and Mido Daji and other scholars learned the introduction and evaluation of the bet365 best casino games doctrine of scholars,Consultation and tolerance of the relative academic perspective,All proved that the fourth edition of the "Constitutional Lecture" also affords the above three evaluations。If the reader reads the "Constitution Lecture", "like entering the room of Zhilan,Never smells its incense for a long time ",Failure to observe the author’s aforementioned efforts and good intentions,It should also be like the author reminded at the end of the article,Even if the specific knowledge points are like cloud smoke,Still keeping in mind the spirit conveyed by the book: Constitution is the method of restriction,Is the magic weapon of the town country,It is also the people's armor; take everyone as a person to treat。According to this pursuit of "Lanxiang" emitted by the Constitution Lecture,We will all pick this flower of constitutional learning。

Just as the author has the "Return Evening after completing the revision of the Fourth Edition of the Constitution of the Constitution.,Loading Flower Ten Miles,One Hook New Moon "feels,Ten Ten Lights of Lights and Yin accompanied by the Constitutional Lecture,The fine operation of constitutional doctrine has also entered the "deep water zone",The task of shaping can distinguish between Chinese constitution that can distinguish between other disciplines has entered a new stage without consciousness。Standardize the theoretical "opponent" of the "confrontation" of the constitutional studies in the past.,The emergence of various new appearances and constantly put forward challenges。Under the conversion of context,Is the original debate and criticism in the book is still targeted? Problem consciousness changes,Should the original research method in the book be further carved? thus,Although this revision has added a large amount of details,Readers of the new generation will inevitably "greedy" to further ask the author for new knowledge。This bet365 Play online games process, as Professor Lin Laifan said: "It is not easy to change to another era,It's very painful like one person becomes another ",But just as looking forward to the previous edition of the Constitution Lecture,I can still look forward to,The next edition of "Constitutional Lecture" will also be held ",The spirit of its life is new ","We" with the future "meet"。

 (The author is a professor at the School of Law of China University of Political Science and Law)

Editor in charge: Zhang Jing
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