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市民社会的概念源于西方。几经发展与演变,才得出市民社会是介于公民与国家之间的中间组织或领域这一清晰概念。中西方语境之下的市民社会概念虽然都肯定了这一关键因素,但其内在差异性也十分明显。从马克思人的依赖关系、物的依赖关系的划分入手,可以看出市民社会对中国宪政建设突破“公民——国家”二元结构的独有价值。比较中西方宪政建设的内外差异,从宪政建设三个层次即立宪、行宪与护宪入手,也可以看出市民社会所特有的宪政功能。
The concept of civil society stems from the West. After several years of development and evolution, it has come to the clear idea that civil society is an intermediate organization or field between citizens and the state. Although the concept of civil society under the context of both China and the West affirmed this key factor, the inherent difference is also obvious. Based on the Marxist dependence and the division of material dependencies, we can see the unique value of civil society in breaking the constitutional construction of China and the dual structure of “citizen-state”. Comparing the internal and external differences between the constitutional building in China and the West, starting from the three levels of constitutional construction: constitutionalism, constitutional amendment and constitutional protection, the constitutional functions unique to civil society can also be seen.