孟德斯鸠的政治自由观述评

A Commentary on Montesquieu's Ideas of Political Liberty

孟德斯鸠认为 ,政治自由是公民依法获得的安全和心境的平安状态。要实现和保证公民的政治自由 ,从它同政治体制的关系上说 ,就是要实行分权 ;从它同公民的关系上说 ,就是要有良好的刑法 ,依照犯罪的性质量刑。孟德斯鸠在这两个方面作了大量深入的探讨 ,既有十分明确的地方 ,又有一些模糊不清甚至自相矛盾的说法 。

Montesqieu consideres political liberty a fact that citizens obtain safety and mental peace legally. To realize and maintain civil political liberty, so far as its relatinoship with political system is concerned, power division should be put into practice. And in terms of its relationship with citizens, a good criminal law is needed to decide the penalty according to the charater of the criminal offence. Montesqieu goes into both aspects profoundly and substantially. His arguements are clear somewhere, but ambiguous or even self contradictory in other places, which should be distinguished and analysed meticulously.