登录 EN

添加临时用户

论我国宪法序言对政权合法性的证成

On the justification of the legitimacy of the political power in the preamble of our Constitution

作者:陈墨天
  • 学号
    2021******
  • 学位
    硕士
  • 电子邮箱
    260******com
  • 答辩日期
    2024.05.28
  • 导师
    刘晗
  • 学科名
    法学
  • 页码
    63
  • 保密级别
    公开
  • 培养单位
    066 法学院
  • 中文关键词
    宪法序言;政权合法性;政绩合法性;程序合法性;意识形态合法性
  • 英文关键词
    preamble of the constitution; legitimacy of political power; performance legitimacy; procedural legitimacy; ideological legitimacy

摘要

我国现行宪法序言具有确认政权合法性的重要功能,其历史叙事和革命传统的叙说背后,蕴含着深刻的政治逻辑和历史文化的考量。它从程序合法性、政绩合法性以及意识形态合法性三个来源,详细的证成了执政党政权的合法性。程序合法性强调了政权产生的政治程序能被广泛接受,政绩合法性关注国家为民众提供公共物品的能力,意识形态合法性认为政权必须建立在被民众广泛接受的意识形态之上。这三个政权合法性的来源也符合中国的传统政治哲学,充分利用了我国的政治和历史文化传统。但这样的证成方式也存在着不足和缺陷,只有真正贯彻立宪主义的精神,实现我国宪法由政权合法性的宣言书向人民权利保障书的转变,才是政权的长治久安之道。

The preface to the current Constitution of our country has an important function of confirming the legitimacy of political power. Behind its historical narrative and revolutionary tradition, it contains profound political logic and historical and cultural considerations. Previous studies have recognized the important role of the constitutional preamble in confirming the legitimacy of political power, but have not revealed the political science and political philosophy logic followed by the preamble in the process of confirming the legitimacy of political power, as well as its consideration of China‘s political, historical, and cultural traditions. It is also impossible to accurately understand the purpose of the constitutionalists and revisioners. Therefore, this article uses methods such as legal doctrine, political science, and political philosophy to reflect on the political science and historical logic behind the preamble of China‘s constitution, in order to explore the legitimacy of political power in the preamble of China‘s constitution.Political science and traditional political philosophy in China believe that the legitimacy of political power comes from three aspects: procedures, achievements, and ideology. The preamble of the Constitution also proves the legitimacy of the ruling party‘s political power from these three aspects. Procedural legitimacy emphasizes that the political procedures generated by the regime can be widely accepted. The preamble of the Constitution, through historical narration, declares that the victory of the new democratic revolution led by the CPC is a historical choice, which conforms to the standard of "merit and virtue" as the source of legitimacy of the regime in Chinese traditional political philosophy. At the same time, the preamble of the Constitution also responds to the procedural requirements of modern politics for the legitimacy of political power by acknowledging the importance of electoral democracy and consultative democracy. The legitimacy of political achievements focuses on the ability of the government to provide public goods to the people after its establishment. The preface emphasizes the tremendous achievements of China‘s socialist construction, especially the vigorous development of the economy and society since the reform and opening up, providing a solid material foundation and public recognition for the legitimacy of the government, proving the ability of the government to provide necessary public goods to the people, meeting their actual needs, and obtaining legitimacy from the perspective of political achievements. The legitimacy of ideology believes that a political power must be established on an ideology widely accepted by the people, and whether an ideology can be recognized depends on its effectiveness. The preamble of the Constitution responds to nationalism by taking the "Four Basic Principles" that conform to the effectiveness of ideology as the guiding ideology of the state, and enhances the legitimacy of the political power through the accumulation of effectiveness, so that the political power has won widespread recognition and support from the people.The preamble of the Constitution provides a solid legal basis for the ruling position of the CPC by comprehensively proving the legitimacy of the current regime‘s procedures, achievements and ideology. This conclusion is based on an in-depth analysis and understanding of traditional Chinese political philosophy, modern political theory, and historical practice, providing a new perspective and theoretical support for understanding the function and role of the preamble to the Chinese Constitution.