论文部分内容阅读
在20世纪的国共两党竞相展开的建国大业中,孙中山的宪政阶段论构成了共同的政治实践理性与建国思想来源,尽管共产党对于阶段论有着别具一格的叙事。在孙中山宪法思想体系中,宪政阶段论是唯一与党国体制有着直接逻辑关联的思想因素,对于落实三民主义和五权宪法至关重要。1931年的约法体制被抗战打乱,但后者却以体制外的方式提供了训政向宪政过渡的政治基础,由此为旧政协的协商制宪提供了历史前提。“改革”是典型的阶段论概念,置身于“革命—改革—宪政”的逻辑连环之中,成为新的宪政阶段论。阶段论思维在本质上反映了国共两党建国精英的自主品性与实践理性,其思想内涵与制度遗产对于中国进一步的宪政转型颇具价值。
In the great cause of nation-building that the two parties of the KMT and the CPC competed in the 20th century, Sun Yat-sen’s constitutional stage theory constituted the source of common political practice rationality and the founding of the nation although the Communist Party has a unique narrative of stage theory. In Sun Yat-sen’s constitutional thought system, the constitutional stage theory is the only ideological factor that has direct logical connection with the party-state system and is of crucial importance for the implementation of the Three Principles of the People and the five-power constitution. The system of the Jurisprudence of 1931 was disrupted by the war of resistance. However, the latter provided the political basis for the transition from a system of discipline to constitutionalism in an institutional way, thus providing the historic premise for the formation of the negotiating constitution of the old CPPCC. “Reform ” is a typical concept of stage theory. It is in the logical connection of “revolution - reform - constitutionalism” and becomes the new constitutional stage theory. In essence, the staged thinking reflects the autonomy and practical rationality of the founding elites of the two parties, whose ideological connotation and institutional legacy are of great value to the further constitutional transformation in China.