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一、问题的提出在宪法上,基本权利的享有者与基本权利的承担者是耦合的概念。通常,基本权利的享有者不受基本权利拘束,而基本权利的承担者也不享有基本权利(程序性的权利除外~①)。宪法中大多明确规定了,哪些主体享有基本权利,哪些主体应受基本权利拘束。然而,在具体的宪法实践中,判断某个主体享有还是承担基本权利,却并非同样显而易见的事情。正是宪法规范和社会现实之间这种张力的存在,为宪法释义学的展开预留了广阔的空间。
First, the issue raised In the constitution, the basic rights of the bearer and the basic rights of the carrier is the concept of coupling. Often, the holders of fundamental rights are not bound by the fundamental rights, and the fundamental rights holders do not have the basic rights (except the procedural rights). Most of the constitution clearly stipulates which subjects have the basic rights and which subjects should be bound by the fundamental rights. However, in a specific constitutional practice, it is not equally obvious to judge whether a subject is entitled to basic rights or not. It is the tension between the constitutional norms and social reality that leaves ample room for the development of constitutional hermeneutics.