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辛亥革命以来,中国政坛仍然动荡不安,政体剧变导致政制改革之声,不绝于耳。本文通过对章士钊、张君劢、胡适、罗隆基、吴经熊、钱端升、梁漱溟等思想人物素描式的介绍,关涉他们对近代中国法制与政制、立国与立宪、约法与人权以及民治与法治等问题的讨论和省思,在肯定“政制改革之声”有促进中国民主法律思潮生长之功的同时,亦指出在面对如何保障宪法至上,如何防止党权行政权干预司法权时,上述思想人物都无法超脱权势或党争的历史局限。至20世纪三四十年代,自清末已经朝向自由民主政治的法律思潮的生长,竟不幸走向了威权主义的发展道路,这不能不说是中国民主法律思潮的一种“挫折”。
Since the Revolution of 1911, China’s political arena has remained turbulent and turmoil in the political system has led to the voice of political reform. This article introduces the sketches of thought figures such as Zhang Shizhao, Zhang Junmai, Hu Shih, Luo Longji, Wu Jingxiong, Qian Dasheng and Liang Shuming and other issues concerning the legal system and constitutional government, constitutional and constitutional rights, the law of the people and the rule of law in modern China. While affirming that “the Voice of Constitutional Reform” has the power to promote the growth of the Chinese democratic and legal trend of thought, it also points out that in the face of how to safeguard the constitutional supremacy and how to prevent the party’s executive power from interfering with the judicial power, Neither can the ideological figures transcend the historical limitations of power or party struggle. By the late 1930s and 1940s, the growth of the legal trend of thought toward liberal democracy since the end of the Qing Dynasty was actually unfortunate toward the path of authoritarian development. This can not but be regarded as a “setback” in the trend of Chinese democratic law.