虚假的宪法变革和未尽的宪政革命

Illusive Constitutional Revolution and Unfinished Constitutional Government Revolution

从清末到民国,近代化淘汰了旧政权框架下的变革措施,国人逐渐认识到中国已经不由自主地卷入了宪政革命潮流。然而自清末立宪到民国各届政府的制宪,主动地变革宪法也迟迟不能完成宪政革命。反观中国近代制宪,在三次重要变革的关口都发生了向虚假宪法变革的转变,这种转变产生了"假宪法"现象,这无异于宪政革命的自戕。近代化以"假宪法"的方式推进,直接导致了宪政革命陷入无法完成的境地。

After consistently failed reforms under traditional political framework, it was gradually realized that flows of modernization had crushed down the old regime. However,constitution-making carried by Republic of China also failed to show great improvement than that in Qing Dynasty. It seemed a hopeless way for China to accomplish its destiny as a constitutional revolution. To review this frus- trating history in China＇s constitutionalization process,there would be found three impalpable distractions having led the nation to a different direction to constitutionalization, which made constitutionmaking merely illusive.