试论北宋政治的准宪政特征

On the Quasi-constitutional Characteristics of the North Song Dynasty

宪政之基本精神是以根本大法限制最高政治权力。宋代中国政治已经具有若干接近于宪政的准宪政特征:宋太祖、太宗的家法,实际上是宋代政权的组织原则,在约束皇权方面,相当于一部高级法在发挥作用;北宋皇权、相权、台谏三权并立,是有效防止权力滥用的制度敷设;北宋的文官制度,以科举考试、业绩考核、高薪养官等制度为中心,已具有现代西方文官制度的雏形;北宋的党争,以政见之不同为主要争论中心,可谓政党政治的雏形。北宋的准宪政政治对宋代社会产生了重大影响。

It is the core of the constitutionalism that the supreme political power should be limited by the constitution. There were already a lot of quasi-constitutional characteristics in Chinese politics of the Song Dynasty. The family laws by the emperor Song-Tai-Zu and the emperor Song-Tai-Zong were actually the frameworks of the regime of the Song Dynasty, which function as a constitution limiting the power of the emperors. In the North Song Dynasty, the powers of the emperors, the ministers, and their watchdogs were coexistent, which was effective in avoiding the abuse of power. The civilian system of the North Song Dynasty, which included imperial examinations, assessing the achievements and high payments for the officials, rudiment characteristics of modern civihan systems of the western countries. The competitions between the parties in the North Song Dynasty, which focused on the differences of policies, also possessed some rudiment characteristics of party politics. The quasi-constitutional politics of the North Song Dynasty had important effects on the society of the Song Dynasty.