中国宪政之路若干反思

Rethinking about Chinese Constitutional Development

清末开始仿照西方立宪 ,到 2 0世纪末已近百年。其具体路径是 :以国家为主导、以激进革命的方式推动宪政实践 ;脆弱的社会基础不能支持宪政 ;宪政发展模式上或盲目移植或自我封闭 ;中国宪政的主导思想是重理性主义而轻经验自由主义。这些就是百年宪政之路提供给我们的历史资源。当中国进行市场经济体制建立时 ,又一次面临宪政道路的探索 ,反思一个世纪以来的宪政经验 ,具有重要意义。

It has been nearly one hundred years since China acted in imitating constitutionalism of western countries from late Qing Dynasty. The following is the specific process China experienced: the state played a leading role in pushi ng forward the practice of constitutional government by radical and revolutionar y means; the weak social base failed to sustain constitutionalism; constitutiona lism was developed either through the way of unrealistic transplant or of making the state closed from the outside world; more stressed was put on rationalism t han on empiricism in the leading ideology of constitutionalism in china. Nowaday s, it is of great significance to rethink about experiences of constitutionalism because China is facing with the exploration of the way to constitutionalism as building Chinese market-economy system.