政党与宪政关系的二元分析

从立宪史的角度看，政党曾被作为派系斗争的工具或纯粹的市民社会组织，而为立宪实践所敌视或漠视。随着政党国家现象和政党异化现象的出现，通过立法实践和司法实践将政党纳入宪政体制之中遂成为现代立宪实践的世界潮流。从逻辑的角度看，政党不仅是基于公民自由结社的市民社会组织，更因其组织的准国家机构特性和党权的准公共权力性质而在宪政体制中发挥着不同于一般市民组织的宪政功能，理应获得“宪法机构”之公法地位，成为宪政规范的对象。

Binary Analysis of Relationship between Political Party and Constitutionalism

From the perspective of constitutional history,as a tool of cliques struggle or as a civil society organization,the political party had been considered as hostile or disregarded by constitution practice.Accompanied with the appearance of the party-state phenomenon and party alienation phenomenon,the political party has been taken into constitutional system by means of legislation practice and justice practice,which has become the trends in the world.From a logistic point of view,the political party is not only a civil society organization based on freedom of association of the citizens,different from the ordinary civil organization,it also has constitutionalism function in the system of constitutionalism system for the characteristics of quasi-state organization and quasi-public authority of party power,the political party shall be granted the public law status of constitutional organization,and become the object of constitutionalism standardization.