立宪共和之民初启蒙及反思

立宪共和之民初启蒙及反思

Constitutional Republic at the Beginning of the Republic of China

    期刊名称：《法学研究》
    期刊年份：
    作者：王书成
    单位：香港城市大学法律学院中国法与比较法研究中心
    中文关键词：辛亥革命;现代革命;立宪共和;共和主义
    英文关键词：the Revolution of 1911;modern revolution;constitutional republic;republicanism
    中文摘要：
    面对晚清政府的衰落，以孙中山为首的革命派以共和为旗帜成功开启了中国历史上的共和国时期，但民初共和国随后便偏离了共和的轨道。从阿伦特的共和与革命理论来看，立宪共和与现代革命休戚与共。辛亥革命的成功，从共和的角度来说，在一定程度上归因于革命和共和的交融，但之后的失败则在于未知共和之原理。从共和主义的当代发展走向来说，传统的人民主权观甚至宪法文本观受到了一定程度的批判或修正，人们关注的重心正转向动态的法治和制度运转。
    英文摘要：
    Due to the corruption and inability of the Qing government, the Revolution of 1911, initiated by a group of revolutionaries and led by Sun Yat-Sen, was motivated. With the flag “for the republic” over the whole revolution, the imperial dynasties over two thousand years were ended and a new republic was established in China thereafter. The Republic of China, as a republic, appeared in Asian countries for the first time, however, it did exist only for a short time and collapsed soon in the history. From historical experiences and intellectual contributions yielded by Hannah Arendt, constitutional republic is mostly interactive with modern revolutions. As far as the Revolution of 1911 is concerned, it is successful in terms of the revolution itself. On the one hand, the revolution successfully incorporated the element of republic in its process, such as “the new beginning”, “to break from the past”, “violence”, etc. On the other hand, the republic is also a key initiative for modern revolutions against feudal autocracy.After the Revolution of 1911, however, the construction of the Republic of China did not capture the key elements of the republic and derailed. Even many historians of China have mentioned that the main reason is lacking the knowledge of the republic, but no more intellectual details are given. As such, this paper explores the exact reason from comparative perspective. Meanwhile, accompanying with the rehabilitation of modern republicanism, many key features of the republic are examined from historical perspective. Many substances of the republic, such as the principle of people’s sovereign and the constitutional textualism, have been criticized and modified by some proponents of the modern republicanism, such as Frank Michelman and Cass Sunstein, as historical experiences have demonstrated the limits of these substances in modern states. Rather, the rule of law over the power and the dynamic institutions of the constitutionalism gradually gain much more significance for modern republic.
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