戊戌维新派宪法思想概论

Generality of constitutional thought of Reform Movement of 1898

从"进化论"与"三世说"理论、"民约"与"民权"理念、"分权"与"集权"思想以及"立宪"与"法治"主张四个方面探讨晚清戊戌维新派的主要宪法思想,力图从制度设计与制度实践的差距中探索制度生成的历史逻辑,并由此揭示民主精神与共和制度在不同历史语境中的关系。

The main constitutional thought of the Reform Movement of 1898 in the late Qing Dynasty is discussed from four respects such as the theories about Evolution and Three-epoch Doctrine, the concept of Civil Convention and Civil Rights, the thought of Decentralization and Centralization, and the proposition of Constitutionalism and Constitutionality. The historical logic of institution generating is explored from the gap between institution design and practice, so as to reveal the relation between the spirit of democracy and the republic institution in different historical contexts.