民初政党合法性探析

On the Legitimacy of Political Parties in the Early Days of the Republic of China

民初政府对合法政党的规定承袭了清末《结社集会律》,这使得政党的存在,既缺少法律的认可,又缺少法律的救济;而“稳定”的社会情结,为袁世凯约束政党、强化专制赢得了普遍的社会认可。民众对政党合法性的认同,仅基于西方宪政理念的移入,缺少必要的阶级基础和利益基础,在党争误国的舆论下,政党存在的合法性很快就荡然无存。

The regulations of legitimate political parties, made by the government in the early days of the Republic of China, were inherited from The Association and Assembly Act in the late Qing, which deprived the parties of legal recognition or relief. However, they were widely accepted by the society because of the stability complex, which helped Yuan Shikai restrain parties and strengthen autocracy. This acceptance was the result of the introduction of western constitutionalism, lacking a class foundation and a foundation of interests. As a result, the legitimacy of parties'existence was gone with the propaganda that competition between parties would do harm to the nation.