论经济内容的立宪设计

战后宪法发展出现立宪经济化趋势,这在多国宪法中都有所体现,人们对此多给予积极评价,我国亦如此。对立宪经济化的评价应当从宪政实践去考察,否则,难免有主观武断之嫌。这不但无益宪法实施,对立宪也会产生不利影响,我国目前的立宪设计应当以对这一现象的正确评价为基础。这使宪法被赋予了同普通经济法一样的直接干预经济,推动经济发展的功能,但对经济立宪的期望和立宪现实是否恰当,却是值得我们深入讨论。

On The Designing of the Constitutionalism of the Economy

The postwar constitutional development has a trend of the economization of the constitution.It can also be reflected in many countries and people are liable to give the positive evaluation about it.Things are the same in our country,so this article will emphasize on the analysis of it that the economization of the constitutional evaluation should be based on the practical experience of carring out the constitution.Otherwise,it would be more subjective and as a result,it is not only bad for the implement of the constitution but also bad for the constitutionalism.While the present designing of the constitutionalism of our country should be on the basis of the right evaluation of it.The author will also show his opinion of the constitutionalism and how to design the constitutionalism on the basis of it.