宪政、法治与经济发展：一个初步的理论框架

本文的重点在于澄清宪政、法治与经济发展三者之间相互依存、相互制约的辩证关系,并探讨宪法和宪政、宪政和法治以及法治和经济发展之间相互交错的逻辑关系。本文认为,健全的市场机制要求配套的宪政制度建设,包括健全行政法治,完善选举制度,确立有限政府理念并完成政府职能的转变,从制度上确立私有产权的宪法地位,并充分保障所有经济活动主体的平等宪法权利。

Constitutionalism, Rule of Law, and Economic Development: A Preliminary Theoretical Framework

This article clarifies the dialectic relationship between constitutionalism, rule of law, and economic development, and discusses the mutual interactions between the constitutional text and constitutionalism, between constitutionalism and rule of law, and between rule of law and market economy.It proposes that the consolidation of a healthy market mechanism requires the establishment of corresponding institutional mechanisms, including a developed administrative rule of law regime, a regular electoral democracy, due acknowledgement of limited government principle and the necessity of transforming the government functions, the implementation of the private property institution as recognized by the recent constitutional amendment, and effective guarantee of the equal constitutional rights of all economic actors.