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公民社会与宪政国家在保护个体自由权利分享着共同的价值观念。宪政并非是中国的土特产,而是自鸦片战争后,被迫进入近代社会的中国从西方国家引入的一种文化理念。通过对相关历史的考查可以得知,宪政制度在中国并未真正建立起来,甚至“宪政”也属于敏感词。中国与宪政无缘,在性质上是政治国家,当国家利益与个体利益发生冲突的时候,个体自由权利遭到忽视甚至是牺牲。为何宪政制度难以在中国土地上扎根生存,有观点认为其根本原因在于宪政文化的缺失。导致宪政文化在中国缺失的原因又是什么呢?本文试图简略说明。
Civil society and constitutional state share common values in protecting the rights of individual freedom. Constitutionalism is not a native product of China but a cultural concept introduced by western countries from the moment of the Opium War that forced them into modern society. Through examining the relevant history, we can see that the constitutional system has not really been established in China. Even constitutional government is also a sensitive word. China has no chance with constitutional government and is a political state in its nature. When the conflicts between national interests and individual interests occur, the individual’s right to freedom is ignored or even sacrificed. Why constitutionalism is hard to take root in Chinese soil? Some people think that its fundamental reason lies in the lack of constitutional culture. What led to the lack of constitutional culture in China? This article attempts to give a brief explanation.