法学意义上宪法是近代出现的,这已是不争的事实,它是人类社会近代文明尤其是政治文明的结果和体现。人类社会发展过程中随着社会分工的具体化和复杂化,社会利益关系主体的分化和聚合也愈益明确。在此过程中的不同的利益集团、派别、阶层、阶级之间的冲突不断发生,各类主体的利益诉求在冲突中碰撞,为避免无谓的牺牲和两败俱 It is an indisputable fact that the constitution appeared in modern times in the legal sense. It is the result and manifestation of modern civilization, especially political civilization in human society. With the concrete and complicated social division of labor in the process of the development of human society, the differentiation and aggregation of the main bodies of social interest are also increasingly clear. In this process, conflicts among different interest groups, factions, classes and classes occur constantly. The interest demands of all kinds of parties collide in conflicts. In order to avoid unnecessary sacrifices and the two defeats