论张君劢1930年代的宪政思想—制度、文化与个人

发布时间：2018-11-20 15:52

【摘要】：张君劢以在中国建立宪政作为其一生奋斗的目标。在1930年代,中国的政治思潮从“宪政民主”转向“独裁专政”,他却坚守宪政,认为即使在危机时期中国也可以建立宪政,而且中国在危机时期更需要宪政。所以笔者选择其这一时期的宪政思想加以论述。在张君劢看来,中国要从天下变成真正意义上的国家,就要改变过去以文化为认同的国家理论,建立以国民为主体、以法律和道德为国家基础纽带的修正的宪政制度作为国家认同的前提。张君劢创造了这一国家认同的新范式,中国传统中的文化中心与政治中心不再统合,但宪政作为西方历史中所形成的制度,还是必须处理其与中国本土历史地形成的文化传统之间的关系。张君劢的回答主要体现在其“科玄论战”上的论述及之后的反思。张君劢认为立宪与立教是相辅相成的。立宪才能立教,宪政制度不是完全的他者,不是与中国的传统文化无关的,而是同时肩负着复兴传统文化的使命和构建内在的精神秩序；但立宪又必须是建立在文化自主的前提上,因为只有这样,才能在参考、消化西方文化的优点后别出心裁,提出合乎中国自己的主张。总之,中国传统文化与现代宪政制度并不是割裂的,中国传统文化中强调精神自由是与现代宪政制度相适应的,而宪政制度反过来又可以保障个人的自由,于是国家权力与个人自由得到了统一,个人对国家产生了认同。最后,笔者并不局限于张君劢本人的思考,而是延续着他的思考,认为现代的宪政爱国主义与张君劢的宪政思想有契合之处,主要体现在“公民身份”概念上。重新思考宪政问题已经成为我们当下国家建设的重要任务,而民国的政治实验,或许能帮助我们找到一条正确的道路,张君劢的宪政思想就是其中的宝贵资源之一。
[Abstract]:Zhang Junmai took the establishment of constitutionalism in China as his goal in his whole life. In the 1930s, the political trend of thought in China changed from "constitutional democracy" to "dictatorship", but he insisted on constitutionalism, believing that China could establish constitutionalism even in crisis period, and China needed constitutionalism more in crisis period. So the author chooses his constitutional thought of this period to discuss. In Zhang Junmai's view, in order for China to become a real country in the world, it is necessary to change the state theory that used to be culturally recognized and to establish a national as the main body. The amended constitutional system, which is based on law and morality, is the premise of national identity. Zhang Junmai created this new paradigm of national identity. The cultural and political centers in Chinese tradition no longer converge, but constitutionalism is a system formed in the history of the West. We must also deal with the relationship between it and the cultural tradition formed in China's native history. Zhang Junmai's answer is mainly reflected in his argumentation on science and metaphysics and his reflection afterwards. Zhang Junmai believed that constitutionalism and religion were complementary to each other. The constitutional system is not completely other, it is not unrelated to the traditional culture of China, but shoulders the mission of reviving the traditional culture and constructing the inner spiritual order at the same time. However, constitutionalism must be based on the premise of cultural autonomy, because only in this way, after reference and digesting the advantages of western culture, can we come up with a new idea that conforms to China's own ideas. In short, Chinese traditional culture is not separated from the modern constitutional system. In the Chinese traditional culture, the emphasis on spiritual freedom is compatible with the modern constitutional system, which, in turn, can protect the individual's freedom. As a result, state power and individual freedom are unified, and individuals identify with the state. Finally, the author is not limited to Zhang Junmai's own thinking, but continues his thinking, thinks that the modern constitutional patriotism and Zhang Junmai's constitutionalism thought have the same place, mainly manifests in the "citizenship" concept. Rethinking the issue of constitutionalism has become an important task in the construction of our country, and the political experiment of the Republic of China may help us find a correct way, among which Zhang Junmai's constitutional thought is one of the precious resources.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D092

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