古代中国有宪法吗?

Were There Constitutions in Ancient China?

当今学界,对古代中国是否存在宪法,仁智互见。人们或是从概念界定出发,论证古代中国并不存在宪法;或是从功能分析出发,论证古代中国也同样存在宪法。概念界定和功能分析的论证方法都有其正确性,然而同样存在不足。正确的看法是既承认古代宪法与近现代宪法有实质区别又承认两者有必然联系。在当代宪政建设中,必须实现对中国古代宪法的扬弃过程,此有利于宪政理论研究现状之突破和宪政制度之完善。

In today＇s academic circles, scholars have different views on whether there were constitutions in ancient China. It is proved from the point of conceptual definition that there were no constitutions in ancient China. And it is likewise proved from the point of functional analysis that there existed constitutions in ancient China. The demonstrative method of conceptual definition and that of functional analysis are both correct and deficient. The right attitude we should take is to recognize the essential differences and inevitable connections between ancient constitutions and modern or contemporary ones. In the construction of con- temporary constitutionalism, we must develop the useful and discard the useless of the ancient Chinese constitutions, which will contribute to a breakthrough of the status quo of constitutional theory research and to the perfection of constitutional systems.