戊戌时期康有为法政思想的嬗变——从《变法自强宜仿泰西设议院折》的著作权争议切入

Evolution of Kang Youwei's Viewpoints of Law and Politics during the Reform Movement of 1898:From the Perspective of the Copyright Disputes of "Reform and Self-strengthening Should Imitate West Country to Set Off House"

康有为是否伪造阔普通武的《变法自强宜仿泰西设议院折》,学界对此存在争论。通过两则新证据,亦即更早发表的梁启超的《古议院考》与该折在内容上具有高度的相似性、康有为的上书经验与该折在程序上"(议院)议妥由总理衙门代奏"的安排相符合,可证明该奏折是由梁启超、康有为起草。戊戌时期,康有为的法政思想从主张开设议院变成反对开设议院,进而提出设立仿照近代曰本特别内阁模式的制度局。他仍然是从中国古典语义而非近代意义的角度来理解宪法,戊戌变法并无君主立宪的动议。

There has been a dispute in the academic circles that whether Kang Youwei forged the memorial from Kuopu Tongwu's 'Reform and Self-strengthening Should Imitate West Country to Set Off House'.According to two new evidences,the memorial should be drafted by Liang Qichao and Kang Youwei.The first one is the high similarity between the memorial and Liang Qichao's article 'A Study of Ancient House',and the second one is that the procedure '(House) reach a consensus and Prime Minister's Yamen submit it ' corresponds to the memorial submitted by Kang.During the Wuxii Period,Kang's viewpoints of law and politics changed from supporting the opening of the House to against it.He further proposed to set up System Setting Department which was modeled on the modern Japanese Special Cabinet Model.However,his understanding of Constitution was in essence from the perspective of the classical Chinese semantics rather than in the modern sense.There was no actual intent of constitutional monarchy in the 1898 Hundred Day's Reform.