20世纪中国宪政的回顾与思考

The review and consideration on the constitutionalism of China in the 20th century

作为“民主政治”表现形态的宪政 ,以宪法至上、制度化和法制化为基本要素。 2 0世纪的中国宪政变迁 ,其历程艰难而曲折 ,但最终归宿为人民代表大会制度的确立与完善。文章在对孙中山五权宪法论、新民主主义宪政及特质进行分析的基础上 ,提出了近百年中国宪政成败依据的看法 ,并认为 ,历史经验表明 :以宪政为实际体现的“以法治国” ,是 2 1世纪中国社会步入长治久安。

The constitutionalism,as the democratic political expression form,regards constitutional supreme and Institutionalism and Rule of Law as its basic essential factors. The constitutionalism changes of China is a hard and winding course in the 20th century,but its final result is that the Institution of People's Congress have been established and gradually being perfected.This essays,according to the research of Sun yet-set's constitution of five powers and the new democracy constitutionalism and their characteristic's analysis,get a viewpoint about the default and success of china's constitutionalism nearly one hundred years,and the author also believe,according the historical experience's testify,testify,that Rule of Law which gives the real expression to constitutionalism is the only right way to keep China's permanently steady and up to good circle in the 21 st century.