联邦体制下的“五权”设置——论《四川省宪法草案》的权力结构

The Particular Five Right Pattern under Federal System——on the power construction in "The Constitutional Draft of Sichuan Province"

《四川省宪法草案》的"五权"设置,是川省实力派军阀在联省自治地方主义影响下兴起、发展及质变之产物,是根据调整政治权力关系的需要而促成的理论和实践成果。"五权"设置初步廓清了省与国家以及省与地方的关系,创设了融合中西分立制衡的新"五权"以及新"五权"的载体。它虽然最终成为被四川军阀大混战和国民革命、新民主主义革命洪流推至岸边而搁浅的民主实验品,但除去联邦制因素,其中央与地方关系的法制化企划,对依法治国的推进仍有重要的启示。

The Five Right Pattern of ＂The Constitutional Draft of Sichuan Province＂ is the outcome of the upsurge and development of the autonomy of joint provinces. The Five Right Pattern, was brought about by the joint forces of the bourgeois holding the autonomy of joint provinces and local warlords pursuing the practical power under the specially green and tender conditions in the 1920s. As a theoretical and practical product resulted from the need to regulate the political power relations, it primarily clarified the relations between Sichuan province, the country and the locality setting up a new Five Right and its corresponding organization. Although it finally became a democratic experiment stranded by the currents of great confusion of warlords fighting in Sichuan, national revolution and new democratic revolution, it is still of great inspiring significance to the development of governance through the law once we exclude the factors of federal system with its legalization and economizing of the relations between the central government and the local institutions, especially the use of legal means.