宪法视域下天皇与日本国体的关系

The Relationship Between the Japanese Emperor and Japanese State Form from the Perspective of the Constitution

虽然日本国体在二战前后呈现的内涵迥然不同,但从天皇在宪法体制中的地位及作用均能够得以体现。二战前,日本国体作为法政领域的一个重要概念,其确立的法理依据及内涵,集中体现为明治宪法有关天皇总揽国家统治权等神权地位相关条款。二战后,日本政府坚持所谓战后国体未改的阐释,将日本国体概念与战后宪法确立的象征天皇制绑定,使天皇的象征形象塑造直接关联所谓战后国体的内涵变迁。通过考察天皇在战前和战后两个宪法体制中的地位及作用,可知近代以来天皇在国家政治生活的角色作用与日本国体的关系犹如一体两面,两者密不可分。

Although the meaning of the concept“Japanese state form”is quite different before and after World War II,it can be reflected from the status and role of the emperor in the constitutional system.Before the Second World War,the Japanese state form was an important concept in the field of law and politics.The legal basis and connotation established by it were concentratedly embodied in the provisions of the Meiji Constitution concerning the emperor's supremacy of state power and other theocracy status.After World WarⅡ,the Japanese government insisted on the interpretation of the so-called“post-war state form unchanged”,and bound the concept of the Japanese state form with the symbolic emperor system established by the post-war constitution,resulting in the creation of the symbolic image of the emperor directly related to the changes in the so-called post-war state form.By examining the status and role of the emperor in the pre-war and post-war constitutional systems,we can know that the relationship between the role of the emperor in the political life of the country and the Japanese state form in modern times is like two sides of the same coin.They are closely related to each other and cannot be separated.