辛亥革命前后憲政觀念研究
發(fā)布時間：2018-10-15 09:05
【摘要】： 從辛亥革命之前十年到袁世凱退位,中國處在世紀的轉(zhuǎn)折點上。這一時期是一個思想激蕩的時期,不同的流派、不同的觀點在此階段涌現(xiàn),呈現(xiàn)出中國思想界一個百家爭鳴、百花齊放的時期,尤其是這一時期的憲法觀念更具有研究的價值與意義。 這一時期的憲法觀念體現(xiàn)在社會的方方面面,包括各式各樣的憲法文本、各派人物的專著、各類報刊雜志等,構(gòu)成了近代中國西憲東漸歷程中的一個重要階段,充分反映出中國在初步建立民主共和政體的前后對憲法的認識。從19世紀起,西方的民主思想逐步傳入中國,西方的民主革命運動以及隨之而生的民主政治制度,也對處于封建專制制度下的中國產(chǎn)生了巨大影響。清末以后,傳播民主思想、倡導(dǎo)民主共和、發(fā)動民主運動,成為無數(shù)先進人物和愛國志士的崇高理想和奮斗目標。從清末預(yù)備立憲到孫中山領(lǐng)導(dǎo)的辛亥革命和民主憲政運動,這二十幾年的歷史,正是一部民主憲政運動史,西方的天賦人權(quán)、自由平等在這一時期得到中國知識分子更高的關(guān)注。但是由于這一時期憲法觀念都是在借鑒西方民主政治的基礎(chǔ)上形成的,但同時又受到中國傳統(tǒng)政治文化的影響,所以帶有雙重性特點。一方面,這一時期的憲法觀念帶有先進性,如孫中山的地方自治和直接民權(quán)思想；同時,另一方面,也帶有許多缺陷,如帶有更多的工具性,忽視憲政本身價值,帶有更多的集體主義色彩,忽視個人權(quán)利。這一時期的憲法觀念可以說是當時世界上各種先進憲法觀念的糅合體,不僅在當時產(chǎn)生了巨大影響,對之后中國憲政建設(shè)也有著重要的意義,但其缺陷也是十分明顯的,比如重視從西方引進的憲政形式,而忽略其實質(zhì)內(nèi)容,西方憲法觀念是以自然法之上為基礎(chǔ)的,而中國只是分子在引進憲法觀念時卻忽略了這一點,以為只要引進西方憲政制度,有了憲法,開設(shè)了議院就可以實現(xiàn)國家富強。在這里,我們將系統(tǒng)探討辛亥前后中國人對西方憲法觀念的認識、傳播、接受的過程,分析憲法觀念上的缺陷及特點出發(fā),指出其對中國現(xiàn)代憲法文化的影響。本項研究有助于從觀念變遷的角度認識中國傳統(tǒng)政治的現(xiàn)代轉(zhuǎn)化問題,進而深入把握近代中國政治發(fā)展的規(guī)律。 總之,關(guān)于辛亥革命前后憲法觀念變遷的研究比較雜,比較亂,缺乏系統(tǒng)的論述與研究。因此本文擬就將這一時期各個派別、各個人物的憲法觀念進行深入的分析和總結(jié),進行系統(tǒng)化的研究,將這一時期憲法觀念中的合理因素和不合理因素進行辯證分析,另一方面結(jié)合我國目前憲政建設(shè)進行一定的思考,在發(fā)展社會主義民主,建設(shè)社會主義法治的今天,需要吸取西方制度文明中的一些積極有用的東西,也需要總結(jié)、借鑒本國憲政發(fā)展中的一些寶貴歷史經(jīng)驗,研究辛亥革命前后憲法觀念的最重要意義即在于此。
[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.
【學(xué)位授予單位】：青島大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：K257;D921
本文編號：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.
【學(xué)位授予單位】：青島大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：K257;D921
【參考文獻】
相關(guān)期刊論文 前2條
1 占美柏;從救亡到啟蒙:近代中國憲政運動之回顧與反思[J];法學(xué)評論;2004年01期
2 李宜霞;論梁啟超的憲政思想[J];廣西師范大學(xué)學(xué)報(哲學(xué)社會科學(xué)版);2004年03期
，本文編號：2272040
本文鏈接：http://sikaile.net/shekelunwen/zgjxds/2272040.html
