透析《钦定宪法大纲》中权力与权利的格局

The Pattern of Power and Rights in the Imperial Constitutional Outline

百年前颁布的《钦定宪法大纲》开了清末中国政治改革的先河。其结构设置为君上大权和臣民权利义务,作为顶层制度设计,奠定中国近代改革的基调。此后中国近代化的进程,囿于君主权力与臣民权利传统的二元格局,君主权力的强势和人民权利的弱势,致使实现权力与权利、权力与权力的合理配置,追求民主、法治和人权,历尽艰险和磨难。不过,中国人自此踏上变革之路,经过几代人的不懈努力,公平、正义、民主、法治的梦想最终变成了现实。

The Constitution promulgated a hundred years ago is the precedent of China＇s political reform in the late Qing Dynasty. Its structure was set up as the top monarchical power and the rights of the subjects. As the design of the top-level system,it laid the tone of modern reform in China. In the process of modernization of the subsequent hundred years,confined to the traditional duality and due to the strong monarch power and the weak subject rights,the realization of the rational allocation of power and rights and the pursuit of democracy,rule of law and human rights went through great difficulties and hardships. Since then,the Chinese people set foot on the road of change,and after unremitting efforts of several generations,the dream of the rule of law,fairness,justice and democracy eventually become a reality.