《中华民国临时约法》的主要缺陷

《中华民国临时约法》拉开了中国近代民主宪政的序幕 ,但历经十余载而归于失败。其失败的原因 ,除了当时政治环境的不利影响以及广大民众的民主意识低下外 ,临时约法本身的缺陷 ,如制定缺乏代表性、行政权力划分与现实政治状况相悖离、权力划分混乱等 ,也是导致其失败的重要原因。临时约法的缺陷及其失败 ,充分昭示了中国从传统专制国家向近代民主国家过渡的进程中所遇到的种种困难。

Interim Constitution of Republic of China started modern democratic constitutional government in China. However, it lasted fourteen years and ended up in failure. Besides the unfavorable influence of the political circumstances then and the low level of people's democratic awareness, the defects of Interim Constitution of Republic of China itself are also the important reasons for the failure. The defects of it are as follows: The formulation of it lacks representativeness; the division of administrative powers is not in conformity with the actual political state; the division of powers is confusing. The defects and failure of the Interim Constitution shows that it is a hard and rough process in which China has developed from a traditional autocratic country to a modern democratic country.