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宪政问题是国内思想理论界争论的一个热点,既有学术研究层面的争鸣,更充满着意识形态的分歧,这是一个需要结合历史渊源和现实境况来深入辨析澄清的问题。本文就此谈些看法。西方宪政的由来和实质宪政概念是舶来品,其理论来源和具体内涵,学界历来看法不一。大致而言,有基督教政治文化母体说;有近代启蒙思想家自然法和契约论思想说;有既是基督教政治文化嬗变的产物,又凝结着近代自然法学说与契约论思想精华“结合”说,等等。大多数学者认为,宪政一词具有深厚的西方政治文化背景,是近代西方资本主义政治法律制度的基本标志。
The issue of constitutional government is a hot issue in the debate among the domestic ideological and theoretical circles. There are not only academic contention but also ideological differences. This is an issue that needs to be further analyzed and clarified in the light of historical sources and reality. This article on some comments. The origin and substantive constitutional concept of Western constitutionalism is the origin and specific meaning of imported goods. The academic circles have always had different opinions. Generally speaking, there are Christian political and cultural mothers who have the natural enlightenment thinkers and the theory of contractual theory. They are not only the product of the evolution of Christian political culture but also the essence of modern natural law and contractual theory ,and many more. Most scholars believe that the word constitutionalism has a profound political and cultural background in the West and is the basic symbol of the political and legal system of modern Western capitalism.