“宪政”与“民主”的表达(1940—1947)——基于数据库统计的中国宪法思想史研究

The Expression of the Discourse of Constitutionalism and Democracy——A Study of the History of Chinese Constitutional thoughts Based on Database Statistics

据1986条期刊篇名数据库的统计分析,在1940至1947年的中国社会政治运动当中,宪政与民主的话语具有时效性、背离性和场域性三大基本变化规律。宪政话语反映了体制内知识分子的呼声,民主话语反映了体制外知识分子的诉求。毛泽东洞见民主主义潮流是一种可以汲取的政治资源,可用以对抗政治上的敌对力量,统合国家的各种政治势力,从而构建新的国家体制。以此为思想基础,他提出"宪政就是民主政治"的论断。在近代中国,宪政与民主要完成制度设置与价值关怀的双重社会功能。在人民主权确立以后,重要的是政体的建设。中国宪政建设面临的难题是在价值上重塑新文化,在实践中强化政治家责任。

According to the analysis of 1986 items journal rubric statistics, during the Chinese social and political movement from 1940 to 1947, the change of the discourse of constitutionalism and democracy had three basic rules, which could be named timeeffectiveness, deviation and contextuality. The discourse of constitutionalism conveyed the voice of intellectuals inside of the political system, while democracy conveyed the voice of intellectuals outside of the political system. Mao Zedong saw clearly that the tide of democracy was a kind of political resource which could be used to confront political enemies, conform the political strength all over the country so as to construct a new country. Through this judgment, Mao brought forward his conclusion： constitutionalism was democracy. In modern China, constitutionalism and democracy were intended to realize the double function of institutional design and value concern. Once the people＇s sovereignty was established, the construction of political institution was significant. The conundrum that the construction of Chinese constitutionalism is confronted with is to remold a sort of new culture in theory and to strengthen the responsibility of politicians in reality.