对清末民初中国宪政理念转型的分析

An Analysis of Chinese Constitutional Ideas at the End of the Qing Dynasty and the Beginning of the Republic of China

清末民初的宪政理念,历经由改良主义到君主立宪、再由君主立宪到民主立宪的转化历程,达到了近代宪政的高潮,为近代中国权利理念的转化奠定了基础。但是,近代中国的宪政建设,始终面临神、俗两界的尴尬。帝制崩溃,共和未能真立,表明近代中国不具备宪法运行的社会环境。中国近代宪政建设的特别之处在于,它发生在东西文化碰撞这一历史大背景之下,接受西方宪政模式的引领,进行宪法移植,并大搞宪政建设,而本国固有的人生态度、生活模式等却不匹配,以至宪法只能保持其神圣性价值,无法在世俗中运行,其理论功能无法转化为"法在行动中",徒具空文而已。

At the end of the Qing dynasty the idea of 'the constitutional government' experienced the course from 'the reformism' to 'the constitutional monarchy',and further from 'constitutional monarchy' to 'democracy constitutionalism'.This transformed course achieved the peak of modern constitutional government,and had laid the foundation for the transformation of the idea of rights.But the construction of modern China's constitutional government always faced the awkwardness between 'god' and 'the common'.The facts that the monarchy collapsed and the republic has not been really established indicated that there were no social environment for the constitution movement in modern China.The special characteristics of Chinese constitutional construction in modern times were that it took place under the background of cultural collision between the East and the West and followed the way of the Western constitutional pattern.We transplanted western constitutions and constructed the constitutional government,but our inherent life attitudes and the style of life did not match these actually.These characteristics can only maintain the sacred value of constitution which is unable to be put into practice,and its theoretical function as 'the law in motion' were just pages of non-sense.