“政协宪草”及其版本研究
发布时间：2018-10-05 17:56
【摘要】：关于"政协宪草",台湾学者承认它的存在,认为其是1946年宪法的蓝本,而大陆学者对此并不认同,甚至认为所谓"政协宪草"是不存在的。考诸史实可知,"政协宪草"是1946年2月至4月期间,由国民党、中共、民主同盟、青年党和无党派方面的代表组成宪草审议委员会,修订《五五宪草》过程中,形成的一份讨论记录稿。由于"政协宪草"只是一份记录稿,因此当初中共和民盟不承认它具有宪法草案的性质。但是,1946年底国民党召开制宪国民大会时,又以"政协宪草"为底案制定了《中华民国宪法》。1946年以来,当年宪审会的参加者先后公布过几个不同版本的"政协宪草",但学界的研究只注意到其中一个,实际上还有三个。这些版本内容具有一致性,和1946年宪法的精神也基本一致,但价值不同。应特别重视其中的"《再生》版"和"陈启天版",因为它们才是迄今为止"政协宪草"最恰当的版本。
[Abstract]:As for the "constitution of the Chinese people's political Consultative Conference," Taiwan scholars acknowledge its existence as the blueprint of the 1946 constitution, but mainland scholars do not agree with it, and even believe that the so-called "constitution of the CPPCC" does not exist. From the historical facts, we can see that the "draft Constitution of the Chinese people's political Consultative Conference" was formed by representatives of the Kuomintang, the Communist Party of China, the Democratic League, the Al-Shabaab and non-party representatives from February to April 1946 in the process of revising the "May 5 Constitutional draft". A transcript of the discussion. Since the draft Constitution of the Chinese people's political Consultative Conference (CPPCC) was only a draft, the Chinese Communist Party and the NLD did not recognize it as a draft constitution. However, when the Kuomintang convened its Constituent National Convention at the end of 1946, it formulated the "Constitution of the Republic of China" on the basis of the "Constitution of the CPPCC". The participants of the Constitutional Review Committee published several different versions of the "Constitution of the Chinese people's political Consultative Conference", but academic research only noticed one of them, and in fact there were three. These versions are consistent, basically consistent with the spirit of the 1946 Constitution, but of different value. Special attention should be paid to "Regeneration" and "Chen Qitian", as they are the most appropriate version of the "constitution of the Chinese people's political Consultative Conference" so far.
【作者单位】： 河南大学历史文化学院;
【分类号】：K877
，
本文编号：2254319
[Abstract]:As for the "constitution of the Chinese people's political Consultative Conference," Taiwan scholars acknowledge its existence as the blueprint of the 1946 constitution, but mainland scholars do not agree with it, and even believe that the so-called "constitution of the CPPCC" does not exist. From the historical facts, we can see that the "draft Constitution of the Chinese people's political Consultative Conference" was formed by representatives of the Kuomintang, the Communist Party of China, the Democratic League, the Al-Shabaab and non-party representatives from February to April 1946 in the process of revising the "May 5 Constitutional draft". A transcript of the discussion. Since the draft Constitution of the Chinese people's political Consultative Conference (CPPCC) was only a draft, the Chinese Communist Party and the NLD did not recognize it as a draft constitution. However, when the Kuomintang convened its Constituent National Convention at the end of 1946, it formulated the "Constitution of the Republic of China" on the basis of the "Constitution of the CPPCC". The participants of the Constitutional Review Committee published several different versions of the "Constitution of the Chinese people's political Consultative Conference", but academic research only noticed one of them, and in fact there were three. These versions are consistent, basically consistent with the spirit of the 1946 Constitution, but of different value. Special attention should be paid to "Regeneration" and "Chen Qitian", as they are the most appropriate version of the "constitution of the Chinese people's political Consultative Conference" so far.
【作者单位】： 河南大学历史文化学院;
【分类号】：K877
，
本文编号：2254319
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