《钦定宪法大纲》与清末政治博弈

Constitutional Outline Made by the Imperial Order And Political Gambling in Late Qing Dynasty

《钦定宪法大纲》是清末一个重要的宪法性文件,是各方政治势力博弈的结果。大纲的产生自有其合理的一面。虽然大纲带有浓厚的封建性,但诸多条文仍不乏合理性、进步性和民主性。大纲在中国宪政史上确立了根本法的地位,确立了二元制君主立宪政体,初步确立了分权模式,初步确立了权利义务观念,与西方宪政初步实现了形式上的对接。

Constitutional Outline Made by the Imperial Order was an important constitution document in late Qing Dynasty, it was the gambling product of all kinds of political forces, the generation of the outline was reasonable in some degree. Although the outline had some characteristics of strong feudalism, many articles still showed rationality, progress and democracy. The outline had established the fundamental law status in the constitutionalism history, had established dualism constitutional monarchy regime, had preliminarily established the pattern of separation of power, had initially established the right duty concept, abutting joint with the western constitutional government in the form.