TANG Chen
Jounal of Liaoning University(Philosophy and Social Sciences Edition).
2023, 51(4):
84-96.
Individual economy, private economy and non-public economy are the constitutional expressions of private economy, and the constitutional norms of private economy are composed of core normative clauses and related normative clauses. Since the promulgation and implementation of the 1982 Constitution, the core norms composed of the legality of the private economy, property rights and human rights norms together with the related norms composed of the preamble of the constitution, land system and economic system constitute the constitutional norms of the private economy in the 1982 Constitution.The constitutional system of the private economy is mainly reflected in five aspects: the time and space dimension of private economy entering the preamble of constitution, the relation between“the leadership of the Party”and the constitutional norm of private economy, the change of the attitude of the state of private economy, the basic state policy of private economy in constitution from the form of state policy to the essence of state policy, and the constitutional confirmation function from the reflection of constitution to the reform of constitution to the standardization of constitution. The value context behind the change of the constitutional norms of private economy is mainly reflected in three aspects: the historical relationship between the goal of 100 years of prosperity and the“legitimacy”of private economy, the fact that private economy is the value carrier of the liberation of the mind and the freedom of substance, and the fact that private economy is the practical product of the exploration of the socialist intrinsic value.