宪法顾问有贺长雄与袁记约法体制的构建

The Constitutional Adviser Ariga Nagao and the Construction of Yuan’S Provisional Constitution System

民初日籍宪法顾问有贺长雄在撰文批驳"天坛宪草"存在法理错误的同时,还针对中国政情提出了一套别具特色的制宪主张,不仅在理论上为北洋派夺取制宪权提供了支援,也为袁世凯主导下的约法会议建立新政体披上了光鲜的外衣。关于具体内容,尽管有贺长雄的制宪主张与袁记约法体制存在一些差异,其主张付诸实践的匹配度也不及美籍宪法顾问古德诺之多,但不可否认两者在总体上仍有较高相似度。而且,有贺长雄的顾问作用可以说至此结束,尔后发生顾问性质擅自转换的插曲则进一步表明,其顾问头衔所扮演的不过是沦为各派势力互相角逐的理论工具,在民初法制建设推动方面难以发挥实质性的影响。

During the early years of the Republic of China,the Japanese constitutional adviser Ariga Nagao made a set of special ideas about the political situation of China when he wrote many articles to attack the errors of the legal principle in the draft constitution written in the Temple of Heaven.For that reason,he made contributions to Beiyang government’s achievement of constitutional right and gave a legitimacy to the new policy built in the conference which was held by YuanShikai.There was a high similarity in the details between the two schemes,although the constitutional proposition of Ariga Nagao had some differences with Yuan’s provisional constitution and its practices was less than Goodnow’s.What is more,Ariga Nagao The advisor role of Ariga Nagao was lost.And then the transformation of the role by him illustrated that the role became a theoretical tool to the competition among parties which cannot play a substantial impact on the promotion of constitutional construction in the early years of the Republic of China.