三十年来的中国宪法和宪法学发展,制度层面有四次修宪三十一条修正案,学理层面则至少有四次大小不一的动作,即上世纪八十年代初有点藐视宪法的“良性违宪”议论、九十年代中期的违宪审查制度建议、本世纪初的宪法司法化运动(及其失败)和近两年兴起的政治宪法学和规范宪法学之争。前三次活动的目标和观点清晰可辨,“良性违宪论”可粗略概括为橡皮筋策略,以为宪法可随意塑形和突破,后两者则 In the 30 years since the constitutional and constitutional development of China has been carried out, there are 31 amendments to the constitution at the institutional level. There are at least four moves of different sizes in the academic level, that is, some contempt of the constitution in the early 1980s. The argument of “benign unconstitutionality”, the suggestion of unconstitutional review in the mid-nineties, the constitutional judicialization movement (and its defeat) in the beginning of this century, and the controversy over constitutional science and the rise of constitutional science in the recent two years. The objectives and viewpoints of the first three activities are clear and legible, and the “benign violation of the constitution” can be roughly summed up as a rubber band strategy, which means that the constitution can be shaped and broken freely. The latter two