《物权法(草案)》违宪之再分析——违宪审查基准的运用

正当《物权法(草案)》紧锣密鼓地制定讨论时,受到违宪的质疑,法学界的观点也是莫衷一是。从违宪审查的角度审视,以下几个问题值得讨论:草案是否存在违宪之说?平等保护原则是否违背公有财产神圣不可侵犯原则?针对违宪的质疑,可以借鉴利益衡量原则和比例原则等违宪审查的基准进行审查,为中国将来违宪审查制度和审查基准的建构提供一个可行的方案。

Analysis of Unconstitutionality of the Bill of Property——Applying the Standard of the Constitutional Review

When Property Law was heatedly discussed,it was considered as unconstitutional.And the points of view in the field of law were different and contradictory.From the constitutional review,there are several questions worthy of discussing: Is the bill constitutional? Does the equal protection contradict the principle of sacredness and inviolableness of the common wealth? These unconstitutional opinions can be examined by the standards of constitutional review like balancing of interests and proportionality principle,thus providing a feasible model for its standard of the constitutional review in the coming days.