严复宪法观念评析

A Comment on Yen Fu's Constitution Thought

严复对宪法的认识是在他的国家理念基础上建立的。严复认识到社会是一个不断演进的有机体,而国家的类型在此演进中也在不断地发生变化。严复认为在他所处的时代正是中国正面临从宗法国家到现代国家的转型时期。严复以中国两千年以来的"中国有法"对比近代中国的"中国无法",突显出建立现代国家制度的迫切需要。严复认识到唯有建立在宪法体制下并实施统治阶级和被统治的人民之间的"共守之法"的现代国家才能适应物竞天择的历史潮流。严复认为兴办教育、开启民智是人民实现精神自由,同时也是建立现代国家制度的重要路径。严复政治和法律制度的变革只是一种符合"变法图强"的手段,并非"变法图强"的目的。严复对宪法与现代国家制度归结于"手段"亦或是"目的"有其独特的理解。

Yen Fu's thoughts on constitution base on the foundation of his understanding on modern state. Yen Fu regard the society as a evolving organism,and the type of country are constantly changing in this evolution. Yen Fu believes that China is facing the transition period,which would make China a modern state rather than the patriarchal country. After his comparison between the long history of 'China has law'and the actual situation of'China has no law' in modern China,he emphasize the importance of the establishment of the modern state. Yen Fu believes it would be a tide of history,which modern China could finish the establishment of a modern state and set up a common principle for the ruling class and the ordinary people. Yen Fu believes the improvement of education could be not only an significant step to spiritual freedom of the common peoples,but also the establishment of the democracy. Yen Fu insists that the innovations in police and legislation are essentially closed to reform solutions rather than to political intentions.