近代中国堪称世界性“宪法博览会”或“行宪试验场”。先是清末预备立宪欺世盗名,自取其咎;后孙中山革命立法,震天憾地;然革命尚未成功,成果即被篡夺。袁世凯废除《临时约法》后,孙中山以《临时约法》为号召,发动两次“护法”运动,均告失败。此后,中国政局动荡,国会两次被毁,袁世凯称帝,张勋复辟,曹锟贿选,法统被废,南北对峙,省宪自治,此起彼伏,混乱不堪,宪政自然也只能是空中楼阁。至国民政府以党代政,以党权行宪,宪法仍然是少数当权者手中的玩偶。鸟瞰历史,可知近代中国宪政之难。究其根源,就在于本应弘扬民主政治、保护基本人权的宪法竟被当成权力斗争的工具,变成少数人制胜的利器。回顾近代中国多灾多难的宪政历史,并进行法文化分析,应该具有历史和现实价值。 Modern China can be called a “constitutional exposition” or “constitutional testing ground”. First, the Constitutionalist Constitution was deceived in the late Qing Dynasty and took the blame. After Sun Yat-sen’s revolutionary legislation was shaken, the revolution was not successful and the result was usurped. After Yuan Shikai abolished the Provisional Constitution, Sun Yat-sen called for a “provisional statute” and launched the “law enforcement” campaign twice, all failing. Since then, the political turmoil in China, the National Assembly twice destroyed, Yuan Shikai proclaimed Emperor, Zhang Xun restoration, Cao Kun bribery election, the law was abolished, North-South confrontation, provincial constitutional autonomy, one after another, chaos, constitutional nature can only be a paragon. Until the Kuomintang government took the party’s reign and the party constitution, the constitution remained the doll in the hands of a few people in power. A bird’s eye view of history, we can see the constitutional difficulties in modern China. The root cause lies in the fact that the constitution that should promote democratic politics and protect basic human rights should be treated as a tool of power struggle and become a weapon for the minority to win. Reviewing the troublesome history of constitutional government in modern China and carrying out legal culture analysis should have historical and realistic values.