国民党内部历来存在尖锐复杂的派系斗争,蒋介石和胡汉民两派的斗争是其中的重要组成部分。由于蒋、胡二人均为国民党内的“政治巨头”,他们之间的斗争不仅格外引人注目,而且对当时的政局演变产生了极为重大的影响。有鉴于此,本文拟就蒋胡之间围绕着“约法”问题的那场斗争作一历史考察。 (一) 按照“以党建国”的原则,在“军政”和“宪政”之间设一“训政”时期,实行“约法之治”,这本是孙中山提出的主张。孙中山在其《同盟会宣言》、《革命方略》、《护法宣言》和《孙文学说》等著作中都曾 The Kuomintang has always had a sharp and complicated factional struggle. The struggle between the two factions, Chiang Kai-shek and Hu Han-min, is an important part of it. Since Chiang Kai-shek and Hu were both “political giants” within the Kuomintang, the struggle between them not only caught the attention of the public but also had a very significant impact on the political evolution at the time. In view of this, this article intends to make a historical review of the fight between Jiang and Hu around the issue of “Covenant on Law.” (1) According to the principle of “building the nation by means of the party,” during the period of “political training” set up between “military administration” and “constitutional government,” the “rule of law” is implemented. This is Sun Yat-sen’s proposition. In his writings such as the “Declaration of the Alliance,” the “Revolutionary Strategy,” “the Declaration of Legal Protection and the Theory of Sun Wen”