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本文以章士钊与戴季陶有关内阁制与总统制之争论为主题,藉此探讨民国建立之初,知识分子对民主建设的认识。向来研究民初政治都把总统、内阁争议归究为对袁世凯的态度问题,即反袁者为克制袁世凯,故主张内阁制度,而支持袁世凯者则站在总统制一方。上述看法不是没有道理,但亦因此忽略辛亥革命后中国有史以来初次实践民主的经验。由章士钊及戴季陶二人的争论观察,可以看出民初知识分子对民主满怀理想色彩:民主就是法治,法治就是宪法的制订,故总统制或内阁制的宪法模式便成为当时的争点,亦反映出19世纪西方流行之“形式民主”是辛亥时期民主的关注重点。至于民主制度与社会的关系或其社会实践过程为何,则完全不在两人讨论之列。有关宪法的浪漫想法,直到曹锟当选总统后,各界对共和制度再不抱任何希望,民初的民主争议才告一段落。
This article takes Zhang Shizhao and Dai Jitao as subjects, discussing the issue of cabinet system and presidential system, in order to probe into the intellectuals’ understanding of democracy construction at the beginning of the Republic of China. Always study the politics of the early Republic of China, the president, the cabinet controversy classified as Yuan Shikai’s attitude problem, that is, the anti-Yuan restraint Yuan Shikai, so advocate the cabinet system, and support Yuan Shikai who stands on the presidential side. This view is not unreasonable, but ignores the experience of the first practice of democracy in China since the Revolution of 1911. Judging from the arguments of Zhang Shizhao and Dai Jitao, we can see that intellectuals in the early Republic of China were full of ideals for democracy. Democracy is the rule of law and the rule of law is the formulation of the Constitution. Therefore, the constitutional model of the presidential system or the cabinet system has become a controversial issue at that time. The “formal democracy” popularized by the West in the 19th century was the focus of democracy in the 1911 Revolution. As for the relationship between democracy and society or its social practice, we are totally out of discussions. Concerning the romantic conception of the Constitution, it was not until the election of President Cao Kun that all circles had any hope of republicanism that the democratic debate in the early days of the people came to an end.