王宠惠关于民初宪法体制的构想

WANG Chong-hui's Conception of the Constitutional System in the Early Years of the Republic of China

在中央政体模式和司法诉讼体制上,王宠惠主张照搬英国传统的内阁制和"一元制",而在地方制度上却主张承继清末以来的制度遗产,并充分融入古代中国的历史传统,采取一种折中式的改良主义方案。即便该方案违背当时两大政治势力的制宪理论以及自身所属政治立场,他仍明确提出了这一构想,并始终坚持自己的观点。王宠惠关于民初宪法体制的构想既存在基于自身政治立场考量的特征,也拥有个人教育背景及留学经历的痕迹,还包含有针对民初制宪问题比较分析的深刻思考。

In the central regime model and the judicial procedure system, WANG Chong-hui insisted on imitating the British cabinet system and the ＂unified system＂. However, in the design of local Systems, he claimed to inherit the political legacy since the late Qing Dynasty, and advocated the combination of the ancient Chinese tradition and the adoption of an eclecticism plan for improvement. Although this plan was against the Constitutional theory of the two political powers as well as his own political stand, he still proposed and stuck to his opinion. His conception of the constitutional system in the early years of the Republic of China was based on his consideration of his own political stand and revealed the trace of his personal education background and overseas study experience, including his in-depth analysis of drawing up a constitution then.