民情与现代政制——“临时约法”场域中的孙中山与宋教仁

Specification of People and Constitution Debate between Sun Yat-sen and Song Jiaoren on Provisional Constitution of the Republic of China

在思考中国的宪法问题时,孙中山具有深刻的民情意识。他设计的政制发展路线图,以民情改善为基础,分为＂军法之治-约法之治-宪法之治＂三个步骤。然而,由宋教仁主导制定的＂临时约法＂,虽具约法之名,却完全放弃了约法概念的问题意识,也背离了约法概念所承载的路线图。比较看来,孙中山的宪法观念是有机的,它把宪法放在民族现代化过程中思考;而＂临时约法＂中的宪法观念则是机械的,它本质上是制度拜物教的产物。对于今日的中国政制发展来说,孙中山的宪法思想所包含的民情意识和有机宪法观,依然是一种极具启发性的思想资源,应该得到学术上的认真对待。

Upon recognizing that Constitution was closely related to specification of people,as well as Chinese people is unfamiliar with democracy at early stage of the twentieth century; Sun Yat-sen especially designed a realistic roadmap for building up a modern regime. However,after the Revolution of 1911,Sun＇s comrades-who were in power of revolutionary party at that time-ignored Sun＇s roadmap,and drafted the Provisional Constitution of the Republic of China,which could be viewed as a rigid duplicate of western Constitutions. By contrast,we can find that Sun thought of Constitution in organic way,but the Provisional Constitution of the Republic of China was made in mechanical approach. If we take Sun＇s constitutional thought seriously,we may benefit from it a lot,and obtain broad perspective as well as fresh ideas.