摘要
中华民国在推翻清朝统治的基础上建立,但大致完整继承了清王朝的版图与人口。这一主权连续性的建立,离不开清皇室、北洋集团以及南方革命派、立宪派之间的一场"大妥协"。"大妥协"的核心环节是清帝和平逊位,宣布向全体国民让与主权,以及南北两个临时共和政府以南方选举袁世凯担任临时大总统的形式完成融合。"大妥协"为中华民国对清朝版图与人口的继承提供了法理根据,避免了激烈内战与更为严重的边疆危机。但由于缺乏进一步的精英共识与政治信任的支撑,"大妥协"的成果未能持久。
The Republic of China, after overthrowing the Qing rule, was founded and had succeeded completely the territory and population of the Qing Dynasty. Such continuity of the sovereignty could not be realized without the "big compromise" among the Qing Imperial Family, the Northern Group, Revolutionary Force from the South and Constitutional advocators. The most important parts of the "big compromise" included the peaceful abdication of Qing Emperor, his announcement to transfer sovereignty to the whole nation, and the merger of the two Provisional Republic Governments established in the North and South respectively, which was accomplished by Yuan Shikai being elected as the Provisional President of the Republic by the South. The " big compromise" had provided a legal basis for the succession to the territory and population under Qing rule by the Republic of China, and consequently, had avoided fierce civil war and even more serious crisis on the frontiers. However, owing to absence of further elite consensus and back up of political trust, the fruit of the "big compromise" did not last long.
出处
《环球法律评论》
CSSCI
北大核心
2011年第5期37-48,共12页
Global Law Review