“五五宪草”的历史回顾与宪政反思

Historical Review and Constitutional Reflection of the May Fifth Constitution Draft

"五五宪草"是20世纪30年代的中国在文化保守主义和自由主义的较量、内忧外患的历史背景下制定的。"五五宪草"虽然没有走出工具性宪法的历史窠臼,但对当今中国的宪政建设有一定的启示:从内容和制定过程来看,制订者努力寻求本土资源与西方宪政文化的融合,充分体现出中西法律文化的冲突和平衡;制定过程中,执政当局对于社会舆论给予了较大的自由空间,使政府与民间在制宪过程中形成比较良好的沟通与互动;宪草制定者在充分考虑国家的政治生态的前提下,对宪法的实行给予极大重视。

The May Fifth Constitution Draft was established when Chinese cultural liberalism was fighting against conservatism and the country was in internal revolt and foreign invasion in 1930s. Although the draft did not go out of the mode in which the constitution is a tool of politics, it inspires today＇s constitutional building of China. Its content and the process of the establishment reflect conflict and balance between Chinese legal culture and western legal culture. The framers made great efforts to seek the integration between native resources and western constitutional culture. During the process of the establishment, the authorities gave more freedom to social consensus, which formed better communication and interaction between the government and the people. The framers attached great importance to the practice of the Constitution Draft with fully considering the political ecosystem of the country.