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政体模式的实践交锋是民初政坛最核心的政治现象之一,而且紧紧围绕宪法性文件的制订而展开。革命党与进步力量中,以宋教仁为首的主张内阁制,以孙中山为首的主张总统制,两大主要政治派别的角力反映了双方在政体理念、对民初国情的基本判断上的差异,甚至双方利益诉求的细微区别。及至袁世凯把持政局,“总统制”被偷梁换柱,异化为专制独裁的外衣。通过回顾各派政治力量在先后制定4个宪法性文件过程中的交锋,可以疏理出民初政体模式演变的清晰脉络,而演变的脉络又昭示了民初宪政图景面临的困境及其必然破灭的历史命运,亦可为当下的宪政建设提供可资思考的资源。
The practice of the polity model is one of the core political phenomena in the political arena of the early Republic of China, and it is based on the constitutional documents. Among the revolutionary parties and progressive forces, the cabinet system headed by Song Jiaoren, the presidential system led by Sun Yat-sen and the wrestling of the two major political factions reflected the differences in the basic judgments of both political concepts and conditions in the early years of the Republic of China. Even the subtle difference between the interests of both parties. When Yuan Shikai took hold of the political situation, the “presidential system” was stolen and changed into a dictatorship. By reviewing the confrontation between the various political forces in formulating the four constitutional documents in succession, it is possible to shed light on the clear context of the evolution of the model of the form of the people’s court in the early Republic of China, and the context of the evolution clearly shows the predicament and its inevitable collapse in the constitutional vision of the early Republican China Historical fate, but also for the current constitutional construction to provide resourceable resources.