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《Journal of Jiangsu Police Officer College》 2007-01
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Comment and Reflection on Controversial Views as to Constitution-concerning Articles in the Law of Things(Draft)

Tian Feilong(Postgraduate,Major of Constitution and Administrative Law(2006),Law School of Peking University,Beijing,100087,China)  
Law of things(draft) arouses comprehensive arguments and discussion among areas of constitution and civil law,where ideas of "violation of the constitution" and "compliance to the constitution" conflict violently with each other as to the articles of the law of things(draft).Among them dispute about constitution-concerning articles peaks,which reveals some civil jurists' vague awareness of constitution as well as some constitutional jurists' theoretical tendency of replacing "realistic constitution" with "ideal constitution" or "conceptional constitution".This problem is rooted in the dispute of rule of civil law or rule of constitution,and misunderstanding about the relationship between constitutionality and constitutionalism.
【CateGory Index】: D923.2
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