权利与权力的规制:《中华民国临时约法》之宪政理念

Regulations of Rights and Power :Constitutional Concepts of Provisional Constitution of the Republic of China

辛亥革命不但结束了清朝统治,随之倒下的还有存在了两千年之久的帝国制度。《中华民国临时约法》的诞生,标志着近代中国开始了自己的宪政试验田。《临时约法》确立的主权在民原则、基本人权原则、权力分立与制衡原则、法治原则及正当程序原则,为近代中国第一次开创了依法治国的先河。

The Revolution of 1911 wiped out domination of Qing Dynasty as well as its two - thousand - year imperial despotism. The establishment of the Provisional Constitution of the Republic of China symbolized the start of the Chinese experimental field of constitutional government. The principles established by the provisional constitution started the history of governing the country by law in modern China, which included the principle of sovereignty for the people, principle of basic human rights, principle of separation of power, principle of checks and balances, and principle of due process.