科研之友
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摘要
Larry Cata Backer and the author share nearly the same thoughts on Chinese constitutionalism, even though they approach this topic from different backgrounds and perspectives. In this article, the author reflects on how his legal-sociological approach to Chinese constitutionalism and his positioning of the Chinese Communist Party as de facto sovereign in China were first formulated in response to the argument about constitutional adjudication in Chinese legal academic circles more than a decade ago. As a response to Backer's review, the author discusses the points that concern Backersuch as the grand theoretical background of the European structuralist conception of power and Rousseau's theory of sovereignty, the subtle relation between Chinese lawyers and Chinese constitutionalismand clarifies his difference with Backer on the party. The author argues that, in order to explore the Chinese path to constitutionalism, we need to think about some fundamental theoretical questions: Are we on the way to the end of history? What lessons should we take from the experience of Western countries with constitutionalism? How can one Sinicize universal values and reinvigorate Chinese classical civilization as an organic part of Chinese constitutionalism?
- 出版日期2014-3
- 单位北京大学
