伍廷芳的宪政思想研究

发布时间：2018-05-17 05:17

本文选题：伍廷芳 + 宪政　；参考：《西北大学》2017年硕士论文

【摘要】：近代中国在西方资本主义列强的炮火侵略之下缓缓开启了步履维艰的近代化进程。一代一代仁人志士为实现富国强民的目标而努力探索,从“师夷长技”到“中体西用”都收效甚微,只有改革政治制度才能真正实现自强独立。推行宪政便成了许多救亡图存的爱国者的选择,伍廷芳则是不可忽视的代表之一。伍廷芳是中国近代著名的改革家、法学家和外交家。少年时期在香港接受西式教育以及之后留英学习法律的经历,使他成为一位为时局所需的新式知识分子,同时也让他认识到宪政制度的优越性。清末他两次担任驻美使臣,看到美国在三权分立体制下发展成为世界强国,使他更加坚定不移地推行宪政来拯救风雨飘摇的中国。清末新政时期,伍廷芳对腐朽落后的“中华法系”进行全面改革,删改不合时宜的旧律以及编订新法,他试图建立起一套系统全面的法律体系来实现民主和保障人权的宪政理想。辛亥革命后,伍廷芳力主民主共和制度,为捍卫来之不易的革命成果,年过古稀仍然与封建复辟势力和军阀斗争,不遗余力地奔走在实现民主共和的道路上。伍廷芳为中国的政治近代化贡献了一生的心血,他所主张的民主、人权和司法独立的宪政思想推动了中国政治民主化历程,在宪政发展史上书写了光辉灿烂的一页。
[Abstract]:Modern China, under the fire of western capitalist powers, began a difficult process of modernization. In order to realize the goal of enriching the country and strengthening the people, a generation of people with lofty ideals and lofty ideals has made great efforts to explore, from "teaching and expelling the long technique" to "using it in the west" with little effect, and only by reforming the political system can we truly achieve self-strengthening and independence. The implementation of constitutionalism became the choice of many patriots who saved the nation, and Wu Ting-fang was one of the representatives who could not be ignored. Wu Tingfang is a famous reformer, jurist and diplomat in modern China. The experience of being educated in Hong Kong as a teenager and studying law in England made him a new intellectual who was needed in the current situation and recognized the superiority of the constitutional system at the same time. In the late Qing Dynasty, he served as an envoy to the United States twice, and saw that the United States had developed into a world power under the system of separation of powers, which made him more unswervingly carry out constitutional government to save the volatile China. During the New deal period in the late Qing Dynasty, Wu Ting-fang carried out a comprehensive reform of the decadent and backward "Chinese legal system", deleted the outdated old laws and formulated new laws. He tried to establish a systematic and comprehensive legal system to realize the constitutional ideals of democracy and human rights. After the 1911 Revolution, Wu Ting-fang advocated the democratic republic system. In order to defend the hard-won achievements of the revolution, he fought with the feudal restoration forces and warlords in the past few years, and spared no effort to realize the road of democratic republic. Wu Ting-fang has contributed all his life to the modernization of Chinese politics. His constitutional thought of democracy, human rights and judicial independence has promoted the process of political democratization in China, and has written a splendid page in the history of constitutional development.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D909.2

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