关键词: 宪政改造, 制宪权, 修宪权

Abstract:

Given the actual regulation of " The Constitution of Republic of China" to Taiwan’s society, this paper intends to briefly analyze the jurisprudential meaning of "constituent reform"，from the perspective of relationship between the powers of drafting and amending constitution. As the continuation and derivation of the constituent power, the constituent amendment right abandons the narrow right of drafting constitution while searching for the subverted violence. Meanwhile, it is totally different with the original attributes, characteristics of conventional rights, even though amendment rights goes with the "referendum" as a complementary. As those forces advocating for independence look forward to establish Taiwan as a "sovereign and independent" political entity. Therefore, Taiwan shall integrate the reform result into the new constitution through amendment. However, Taiwan mustn’t spurn the spirit and principle of "five power system", "empowerment distinction," and "equal powers between central and local governments " ,and could not go beyond the procedural restriction.

Key words: constituentreform