辛亥革命前后宪政观念研究
发布时间：2018-10-15 09:05
【摘要】： 从辛亥革命之前十年到袁世凯退位,中国处在世纪的转折点上。这一时期是一个思想激荡的时期,不同的流派、不同的观点在此阶段涌现,呈现出中国思想界一个百家争鸣、百花齐放的时期,尤其是这一时期的宪法观念更具有研究的价值与意义。 这一时期的宪法观念体现在社会的方方面面,包括各式各样的宪法文本、各派人物的专著、各类报刊杂志等,构成了近代中国西宪东渐历程中的一个重要阶段,充分反映出中国在初步建立民主共和政体的前后对宪法的认识。从19世纪起,西方的民主思想逐步传入中国,西方的民主革命运动以及随之而生的民主政治制度,也对处于封建专制制度下的中国产生了巨大影响。清末以后,传播民主思想、倡导民主共和、发动民主运动,成为无数先进人物和爱国志士的崇高理想和奋斗目标。从清末预备立宪到孙中山领导的辛亥革命和民主宪政运动,这二十几年的历史,正是一部民主宪政运动史,西方的天赋人权、自由平等在这一时期得到中国知识分子更高的关注。但是由于这一时期宪法观念都是在借鉴西方民主政治的基础上形成的,但同时又受到中国传统政治文化的影响,所以带有双重性特点。一方面,这一时期的宪法观念带有先进性,如孙中山的地方自治和直接民权思想；同时,另一方面,也带有许多缺陷,如带有更多的工具性,忽视宪政本身价值,带有更多的集体主义色彩,忽视个人权利。这一时期的宪法观念可以说是当时世界上各种先进宪法观念的糅合体,不仅在当时产生了巨大影响,对之后中国宪政建设也有着重要的意义,但其缺陷也是十分明显的,比如重视从西方引进的宪政形式,而忽略其实质内容,西方宪法观念是以自然法之上为基础的,而中国只是分子在引进宪法观念时却忽略了这一点,以为只要引进西方宪政制度,有了宪法,开设了议院就可以实现国家富强。在这里,我们将系统探讨辛亥前后中国人对西方宪法观念的认识、传播、接受的过程,分析宪法观念上的缺陷及特点出发,指出其对中国现代宪法文化的影响。本项研究有助于从观念变迁的角度认识中国传统政治的现代转化问题,进而深入把握近代中国政治发展的规律。 总之,关于辛亥革命前后宪法观念变迁的研究比较杂,比较乱,缺乏系统的论述与研究。因此本文拟就将这一时期各个派别、各个人物的宪法观念进行深入的分析和总结,进行系统化的研究,将这一时期宪法观念中的合理因素和不合理因素进行辩证分析,另一方面结合我国目前宪政建设进行一定的思考,在发展社会主义民主,建设社会主义法治的今天,需要吸取西方制度文明中的一些积极有用的东西,也需要总结、借鉴本国宪政发展中的一些宝贵历史经验,研究辛亥革命前后宪法观念的最重要意义即在于此。
[Abstract]:From a decade before the Revolution of 1911 to Yuan Shikai's abdication, China was at a turning point in the century. This period is a period of ideological agitation. Different schools of thought and different viewpoints emerge at this stage, presenting a period in which a hundred schools of thought contend and a hundred flowers blossom. In particular, the constitutional concept of this period has more value and significance of research. The constitutional concepts of this period were embodied in all aspects of society, including various constitutional texts, monographs of various personalities, various newspapers and magazines, and so on, which constituted an important stage in the process of the development of western constitutions from east to east in modern China. Fully reflects China's understanding of the Constitution before and after the initial establishment of a democratic republic. Since the 19th century, the western democratic thought has been gradually introduced into China, and the democratic revolutionary movement and the democratic political system have also exerted a great influence on China under the feudal autocratic system. After the end of Qing Dynasty, spreading democratic thought, advocating democratic republic, launching democratic movement, became the lofty ideal and goal of countless advanced figures and patriots. From the preparatory constitutionalism in the late Qing Dynasty to the Revolution of 1911 and the democratic constitutional movement led by Sun Zhongshan, the history of the past 20 years or so is precisely a history of the democratic constitutional movement and the natural human rights in the West. Freedom and equality were paid more attention by Chinese intellectuals in this period. However, the constitutional concept of this period is formed on the basis of drawing lessons from western democratic politics, but it is influenced by Chinese traditional political culture at the same time, so it has the characteristics of duality. On the one hand, the constitutional concept of this period was advanced, such as Sun Zhongshan's thought of local autonomy and direct civil rights; on the other hand, it also had many defects, such as having more instrumentalities and neglecting the value of constitutionalism itself. With more collectivism, ignoring individual rights. The constitutional concept of this period can be said to be a mixture of various advanced constitutional concepts in the world at that time, which not only had a great impact at that time, but also had an important significance for the constitutional construction of China after that time, but its defects were also very obvious. For example, we attach importance to the constitutional form introduced from the West, but ignore its substantive content. The Western constitutional concept is based on natural law, but China is only a member that ignored this point when it introduced the constitutional concept. Thought that as long as the introduction of Western constitutional system, with the constitution, the establishment of a parliament can achieve national prosperity. Here, we will systematically discuss the process of Chinese people's understanding, dissemination and acceptance of western constitutional concepts before and after 1911, analyze the defects and characteristics of constitutional concepts, and point out their influence on Chinese modern constitutional culture. This study is helpful to understand the modern transformation of Chinese traditional politics from the perspective of concept change, and to grasp the law of the development of modern Chinese politics. In a word, the research on the change of constitutional concept before and after the Revolution of 1911 is complicated and chaotic, and lacks systematic discussion and research. Therefore, this paper intends to make a thorough analysis and summary of the constitutional concepts of various factions and figures in this period, carry out a systematic study, and dialectically analyze the reasonable and unreasonable factors in the constitutional concepts of this period. On the other hand, considering the current constitutional construction in our country, we need to draw some positive and useful things from the western institutional civilization and sum up them at a time when we are developing socialist democracy and building a socialist rule of law. This is the most important meaning of studying the constitutional concept before and after the Revolution of 1911 for reference to some valuable historical experiences in the constitutional development of our country.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：K257;D921
本文编号：2272040
[Abstract]:From a decade before the Revolution of 1911 to Yuan Shikai's abdication, China was at a turning point in the century. This period is a period of ideological agitation. Different schools of thought and different viewpoints emerge at this stage, presenting a period in which a hundred schools of thought contend and a hundred flowers blossom. In particular, the constitutional concept of this period has more value and significance of research. The constitutional concepts of this period were embodied in all aspects of society, including various constitutional texts, monographs of various personalities, various newspapers and magazines, and so on, which constituted an important stage in the process of the development of western constitutions from east to east in modern China. Fully reflects China's understanding of the Constitution before and after the initial establishment of a democratic republic. Since the 19th century, the western democratic thought has been gradually introduced into China, and the democratic revolutionary movement and the democratic political system have also exerted a great influence on China under the feudal autocratic system. After the end of Qing Dynasty, spreading democratic thought, advocating democratic republic, launching democratic movement, became the lofty ideal and goal of countless advanced figures and patriots. From the preparatory constitutionalism in the late Qing Dynasty to the Revolution of 1911 and the democratic constitutional movement led by Sun Zhongshan, the history of the past 20 years or so is precisely a history of the democratic constitutional movement and the natural human rights in the West. Freedom and equality were paid more attention by Chinese intellectuals in this period. However, the constitutional concept of this period is formed on the basis of drawing lessons from western democratic politics, but it is influenced by Chinese traditional political culture at the same time, so it has the characteristics of duality. On the one hand, the constitutional concept of this period was advanced, such as Sun Zhongshan's thought of local autonomy and direct civil rights; on the other hand, it also had many defects, such as having more instrumentalities and neglecting the value of constitutionalism itself. With more collectivism, ignoring individual rights. The constitutional concept of this period can be said to be a mixture of various advanced constitutional concepts in the world at that time, which not only had a great impact at that time, but also had an important significance for the constitutional construction of China after that time, but its defects were also very obvious. For example, we attach importance to the constitutional form introduced from the West, but ignore its substantive content. The Western constitutional concept is based on natural law, but China is only a member that ignored this point when it introduced the constitutional concept. Thought that as long as the introduction of Western constitutional system, with the constitution, the establishment of a parliament can achieve national prosperity. Here, we will systematically discuss the process of Chinese people's understanding, dissemination and acceptance of western constitutional concepts before and after 1911, analyze the defects and characteristics of constitutional concepts, and point out their influence on Chinese modern constitutional culture. This study is helpful to understand the modern transformation of Chinese traditional politics from the perspective of concept change, and to grasp the law of the development of modern Chinese politics. In a word, the research on the change of constitutional concept before and after the Revolution of 1911 is complicated and chaotic, and lacks systematic discussion and research. Therefore, this paper intends to make a thorough analysis and summary of the constitutional concepts of various factions and figures in this period, carry out a systematic study, and dialectically analyze the reasonable and unreasonable factors in the constitutional concepts of this period. On the other hand, considering the current constitutional construction in our country, we need to draw some positive and useful things from the western institutional civilization and sum up them at a time when we are developing socialist democracy and building a socialist rule of law. This is the most important meaning of studying the constitutional concept before and after the Revolution of 1911 for reference to some valuable historical experiences in the constitutional development of our country.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：K257;D921
【参考文献】
相关期刊论文 前2条
1 占美柏;从救亡到启蒙:近代中国宪政运动之回顾与反思[J];法学评论;2004年01期
2 李宜霞;论梁启超的宪政思想[J];广西师范大学学报(哲学社会科学版);2004年03期
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