论文部分内容阅读
近代中国宪政的发展之路曲折而漫长,从1911年《临时政府组织大纲》制定开始到1923年第一部正式成文宪法确立颁布为宪政改革的初步尝试阶段,然而结果并不尽如人意,最后编制的1923年《中国民国宪法》在宪法史上算是一部失败的法典,本文主要以该宪法的颁布过程为例来探究民初宪政改革的失败缘由及后果,以期对当代法制进步有一定的参考价值。
The road to the development of constitutional government in modern China was twists and turns. From the formulation of the “Provisional Government Organization Outline” in 1911 to the first tentative constitutional promulgation promulgated in 1923 as the first officially written constitution, the result was not satisfactory. Finally, The 1923 Constitution of the Republic of China was regarded as a failed code in the history of the constitution. This paper, taking the promulgation of the constitution as an example, explores the causes and consequences of the failure of the constitutional reform in the early years of the Republic of China, with a view to making some reference to the progress of the contemporary legal system value.