1958宪政改革对当代法国政治的影响
发布时间：2018-09-01 18:38
【摘要】： 法国是近代民主的发祥地。18世纪,在声势浩大的启蒙运动中涌现出一大批反封建专制的思想家,新兴的资产阶级在推翻旧制的同时喊出“天赋人权”口号。卢梭的人民主权原则,孟德斯鸠的三权分立制衡理论及法治原则成为后来历个共和国构建政体的理论基础。法国人从不缺乏民主的理想与激情,在各个时期各种思潮不断涌现。早在大革命时代,作为现代政党雏形、代表各种思潮的政治派别便有细化零散的特征,并表现出较强的对抗性。在形成政党的条件成熟后,政党制度便表现出党派林立、斗争激烈、分裂组合频繁等特点。对民主的狂热追求在政体的发展中则表现为议会至上局面的形成,从而忽视了权力的分离与制衡。此外,封建晚期的专制君主制对法国人的影响亦根深蒂固,依赖强者的政治传统与追求绝对民主的浪漫理想结合,导致法兰西的政体在共和与专制之间不断循环往复。 直到1875年,第三共和国成立,议会制共和政体才被稳定下来。由于议会内部政党结构复杂,难以构成相对稳定的多数派,因此内阁的稳定与行政的有力无法保障。1940年德法战争中法国溃败,贝当上台并建立维希傀儡政权,第三共和国寿终正寝。二战后,第四共和国成立。在制宪时期,戴高乐主张权力制衡,构建一种全新的共和政体——设立拥有实权的总统、加强内阁职权。但不为传统党派人士所采纳,新宪法对立法和行政权地位的调整朝着与戴高乐意愿相反的方向发展。法兰西第四共和国宪法可视为法国人对民主狂热追求的终极体现。在中央各机构的设置中,国民议会被提到前所未有的高度,政府沦为其附属物,总统的权力更是被进一步架空。由于政党多元零散的状况没有得到改变,加上立法选举采取比例代表制的原因,议会内部党派结构较之前更为复杂。因此,形成稳定多数派的难度也加大了,行政机构的更迭更加频繁,政策也更加软弱无力。目睹多党机制再度过度运作,戴高乐黯然离开政坛。第四共和国宪法确立的政体仅运行了12年。1958年,在面对阿尔及利亚危机时此政体依旧没能克服其行政软弱,议会涣散的弊端。依赖强者的政治传统再次发挥作用,戴高乐在危急关头被推举为总理,并由国会赋予其制宪权。新宪法确立了倚重行政的机构设置,戴高乐在阔别政坛12年后终得依照自己的意愿重构共和政体。第五共和国宪法确立了拥有相当实权的总统、脱离议会产生的内阁及被规范化的议会。此外,戴高乐还变更了选举制度。法国依靠新宪法确立的政治体制,顺利解决了阿尔及利亚问题,克服了议会内部党派繁多涣散的弊病,行政机构的稳定和高效也得以彰显。该政体至今已运行50年有余,其间经历了3次左右共治的挑战,显示出较强的生命力。 本文拟探究1958年宪政改革对法国当代政治的影响,限于篇幅,仅探讨中央权力机构角色的转变。全文主体分为三部分:在第一部分阐述第五共和国宪政改革的背景,主要分析第四共和国政治体制的缺陷,并阐述此政体如何在危机关头运转失灵;第二部分阐述宪政改革的主要内容,包括戴高乐的宪政主张、第五共和国宪法的原始规定。意图说明制宪者欲以何种手段克服旧体制的弊端,凸现宪政改革的思路;第三部分则对宪政改革在现实中产生的影响作分析,主要涉及各机构在现实中的地位,宪法条文在现实中是如何被具体实施的。比较各机构在实践中的地位与宪法中原始定位的异同,部分宪法条文如何被发挥或失去意义。在结论处,笔者将点明在政治优化的过程中宪法起到了多大的作用,并将第五共和国政治制度得以维持的制度性因素与非制度性因素加以总结。
[Abstract]:France is the birthplace of modern democracy. In the 18th century, a large number of anti-feudal autocratic thinkers emerged in the great Enlightenment Movement. The emerging bourgeoisie shouted the slogan of "natural human rights" while overthrowing the old system. Rousseau's principle of human rights, Montesquieu's theory of separation of powers and checks and balances and the principle of the rule of law became successive. As early as the Great Revolution, as the embryonic form of a modern political party, the political factions representing various ideological trends had detailed and scattered characteristics and showed strong antagonism. After the conditions for forming a political party were ripe, politics emerged. The party system was characterized by numerous parties, fierce struggles and frequent splitting and combination. The zealous pursuit of democracy in the development of the political system was manifested in the formation of parliamentary supremacy, thus neglecting the separation and balance of power. In addition, the influence of the late feudal autocratic monarchy on the French was also deeply rooted, relying on the political transmission of the powerful. The combination of unification and the romantic ideal of pursuing absolute democracy led to the reciprocation of the French regime between republicanism and autocracy.
The parliamentary republic was not stabilized until 1875, when the Third Republic was founded. The stability and administration of the Cabinet could not be guaranteed because of the complexity of the party structure within the Parliament, which made it difficult to form a relatively stable majority. After the Second World War, the Fourth Republic was founded. During the constitutional period, de Gaulle advocated checks and balances of power and constructed a New Republic - a president with real power and a cabinet with more power. The Constitution of the Fourth Republic of France can be regarded as the ultimate embodiment of the French zeal for democracy. In the establishment of the central institutions, the National Assembly has been raised to an unprecedented height, the government has become a subsidiary, and the power of the President has been further overwhelmed. The reason for the proportional representation system is that the party structure in Parliament is more complex than before. As a result, it is more difficult to form a stable majority, more frequent changes in executive bodies, and weaker policies. In 1958, in the face of the Algerian crisis, the regime was still unable to overcome its administrative weakness and the disadvantage of a fragmented parliament. Depending on the political traditions of the strong, de Gaulle was elected prime minister at a critical juncture and given constitutional power by Congress. The new constitution established an administrative-dependent institution, and de Gaulle was in a broad absence of government. The Constitution of the Fifth Republic established a president with considerable power, separated from parliamentary cabinets and a standardized parliament. In addition, de Gaulle changed the electoral system. France, relying on the political system established by the new constitution, successfully solved the Algerian problem and overcome it. It has been in operation for more than 50 years, during which it has experienced three challenges of co-governance, showing strong vitality.
This paper intends to explore the impact of the constitutional reform of 1958 on contemporary French politics, limited to length, and only to explore the role of the central authority. The main body of the paper is divided into three parts: the first part expounds the background of the constitutional reform of the Fifth Republic, mainly analyzes the defects of the political system of the Fourth Republic, and expounds how the regime operates in a crisis. The second part elaborates the main contents of constitutional reform, including de Gaulle's constitutional proposition and the original provisions of the Fifth Republic Constitution. Comparing the status of institutions in practice with the original position of the constitution, and how some constitutional provisions are played or lost meaning. In conclusion, the author will point out how much the constitution has played in the process of political optimization, and the fifth The institutional factors and non institutional factors of the Republic's political system are summarized.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：DD911;D956.5
本文编号：2218015
[Abstract]:France is the birthplace of modern democracy. In the 18th century, a large number of anti-feudal autocratic thinkers emerged in the great Enlightenment Movement. The emerging bourgeoisie shouted the slogan of "natural human rights" while overthrowing the old system. Rousseau's principle of human rights, Montesquieu's theory of separation of powers and checks and balances and the principle of the rule of law became successive. As early as the Great Revolution, as the embryonic form of a modern political party, the political factions representing various ideological trends had detailed and scattered characteristics and showed strong antagonism. After the conditions for forming a political party were ripe, politics emerged. The party system was characterized by numerous parties, fierce struggles and frequent splitting and combination. The zealous pursuit of democracy in the development of the political system was manifested in the formation of parliamentary supremacy, thus neglecting the separation and balance of power. In addition, the influence of the late feudal autocratic monarchy on the French was also deeply rooted, relying on the political transmission of the powerful. The combination of unification and the romantic ideal of pursuing absolute democracy led to the reciprocation of the French regime between republicanism and autocracy.
The parliamentary republic was not stabilized until 1875, when the Third Republic was founded. The stability and administration of the Cabinet could not be guaranteed because of the complexity of the party structure within the Parliament, which made it difficult to form a relatively stable majority. After the Second World War, the Fourth Republic was founded. During the constitutional period, de Gaulle advocated checks and balances of power and constructed a New Republic - a president with real power and a cabinet with more power. The Constitution of the Fourth Republic of France can be regarded as the ultimate embodiment of the French zeal for democracy. In the establishment of the central institutions, the National Assembly has been raised to an unprecedented height, the government has become a subsidiary, and the power of the President has been further overwhelmed. The reason for the proportional representation system is that the party structure in Parliament is more complex than before. As a result, it is more difficult to form a stable majority, more frequent changes in executive bodies, and weaker policies. In 1958, in the face of the Algerian crisis, the regime was still unable to overcome its administrative weakness and the disadvantage of a fragmented parliament. Depending on the political traditions of the strong, de Gaulle was elected prime minister at a critical juncture and given constitutional power by Congress. The new constitution established an administrative-dependent institution, and de Gaulle was in a broad absence of government. The Constitution of the Fifth Republic established a president with considerable power, separated from parliamentary cabinets and a standardized parliament. In addition, de Gaulle changed the electoral system. France, relying on the political system established by the new constitution, successfully solved the Algerian problem and overcome it. It has been in operation for more than 50 years, during which it has experienced three challenges of co-governance, showing strong vitality.
This paper intends to explore the impact of the constitutional reform of 1958 on contemporary French politics, limited to length, and only to explore the role of the central authority. The main body of the paper is divided into three parts: the first part expounds the background of the constitutional reform of the Fifth Republic, mainly analyzes the defects of the political system of the Fourth Republic, and expounds how the regime operates in a crisis. The second part elaborates the main contents of constitutional reform, including de Gaulle's constitutional proposition and the original provisions of the Fifth Republic Constitution. Comparing the status of institutions in practice with the original position of the constitution, and how some constitutional provisions are played or lost meaning. In conclusion, the author will point out how much the constitution has played in the process of political optimization, and the fifth The institutional factors and non institutional factors of the Republic's political system are summarized.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：DD911;D956.5
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