辛亥前夕的“无夫奸”论争与政党政治萌芽

发布时间：2018-12-16 12:03

【摘要】：晚清修律中的"无夫和奸有罪"本是无足轻重的法律议题,且不具实践性。劳乃宣等人提出保留和修订,试图在收回法权和保存礼教之间取得平衡,象征性地维系礼教精神。拒绝折衷调和的新派传媒将此举视为反对新刑律,并片面理解和夸大西方愿意放弃治外法权的消息,将之提升到国家生死和立宪成败的高度,于是结成游说团体"新律维持会",试图影响资政院议员的表决。不料却意外触发蓝、白票党之争,进而引起政学会和帝国宪政实进会两大西式政党的组建。两派根据法律异见而组党,揭示出以政见划分政党的西方学理的影响,但当时舆论已有不同意见,辛亥后的实践亦证明朝、野分立才是政党政治的大势所趋。
[Abstract]:In the late Qing Dynasty, "without husband and guilty of adultery" is an insignificant legal issue, and it is not practical. In an attempt to strike a balance between repossession of legal power and preservation of ethics, Lao Naixuan and others proposed reservations and amendments to maintain the spirit of ethics symbolically. The new media, which refuse to compromise and reconcile, regard this as an opposition to the new criminal law, and unilaterally understand and exaggerate the news that the West is willing to give up extraterritorial jurisdiction, elevating it to the height of the life and death of the country and the success or failure of the constitution. A lobbying group, the New Law Council, was formed to try to influence the vote of members of the Senate. Unexpectedly, the dispute between the Blue and White votes parties was accidentally triggered, which led to the formation of two major western political parties, the Institute of political Affairs and the Imperial Constitutionalism Progressive Council. The two schools formed their parties on the basis of legal dissent, revealing the influence of the Western theory of dividing political parties according to their political views. But at that time, public opinion had already differed, and the practice after Xin Hai also proved that the separation of the DPRK and the opposition was the general trend of party politics.
【作者单位】：中山大学历史学系;
【基金】：教育部人文社科青年项目“爱惜身体:晚清肉刑被废与刑制演变”(12YJC770034)的阶段性成果中央高校基本科研业务费专项资金资助
【分类号】：D05;K257

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