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以宪法概念思维 ,以发现问题和解决纠纷为取向 ,既是进行宪法学理论研究 ,也是实施宪法、解决宪法问题的客观需要。宪法概念就是宪法规范。宪法思维就是法官在宪法规范与宪法事实之间的规范涵摄过程 ,其目的是在宪法纠纷和疑难案件中确立价值 ,发现规范 ,在个案中实现正义 ,因而宪法思维也是一个新规范的证立过程。以宪法概念思维 ,可以增进法律人对各种宪法规范属性的认识 ,提高对宪法规范的诠释和理解能力 ,并在此基础上发展宪法 ,进而通往沟通与理解之路。
Taking the concept of constitutional concept as the orientation, we should not only study the constitutional theory but also implement the constitution and solve the constitutional issue. The constitutional concept is constitutional norms. Constitutional thinking is the process of the judge regulating the constitutional norms and constitutional facts. The purpose is to establish value in constitutional disputes and difficult cases, to find out the norms, to realize justice in individual cases, and thus constitutional thinking is also to establish a new standard process. With the concept of constitutional concept, legal people can enhance their understanding of various constitutional normative attributes and improve their ability to interpret and interpret constitutional norms. On the basis of this, they can develop the constitution and then lead to the road of communication and understanding.