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“天坛宪草”之孔教入宪,既关涉最宏大的时代变换,又触及最微小之个体心灵,因此引起当时最激烈的立宪争议并泛溢于社会各界。本文试图利用天坛制宪法的原始史料,走进制宪语境,梳理双方之共识与争议,以发现孔教入宪的历史语境、时代问题与解决方案,即孔教入宪的发生机制与规范结构。孔教入宪的制宪讨论凸显了近代立宪者对民性与国情的判断,在“民国理想”与“国民现状”的巨大“势差”中,“教”的提升、整合与支撑功能被不断强调。只要“势差”不变,“教”的发生机制就必然内嵌于宪法之中,并具体落实为可接受的宪法规范,发挥其独特的功能。而且,“教”的规范结构形成了近代中国宪法的核心功能,凸显了近代中国宪法的二元正当性以及中国近代转型的复杂与艰巨。
The Confucian teachings of “Temple of Tiantan” entered the constitution. It involved both the most grand time transformation and the slightest individual soul. As a result, the most drastic constitutional controversy of the time was brought to the attention of all sectors of society. This paper attempts to use the original materials of the constitution of the constitution of Heavenly Temple to enter the constitutional context and to sort out the consensus and controversy between the two parties so as to find out the historical context and the questions and solutions to the constitutional admission of Confucianism, Standardize the structure. The constitutional discussion on Confucianism constitutionalism underlines the judgment of modern constitutionalists on the nature of the nation and the people. In the huge “potential difference” between the “ideal of the Republic of China” and the “national conditions” of the “Republic of China,” “teaching” Enhancement, integration and support functions are constantly underlined. As long as the “potential difference” remains unchanged, the mechanism of “teaching ” will inevitably be embedded in the constitution and be concretely implemented as an acceptable constitutional norms with its unique functions. Moreover, the normative structure of “teaching” formed the core function of modern Chinese constitution, highlighting the dual legitimacy of modern Chinese constitution and the complexity and arduousness of the transformation in modern China.