【作者】 杨阳；

【导师】 程燎原；

【作者基本信息】 重庆大学 ， 环境与资源保护法学， 2008， 博士

【摘要】 严复的宪政思想散见于其文献之中,影响其理论形成过程的因素又十分复杂。因此,要抽丝剥茧,完整地把握严复的这一思想体系,要求研究者必须有相应的分析工具。通过对宪政概念的析疑,梳理出组成宪政概念的诸多要素:人权、民主、法治、分权、平等、立宪、选举等等。本文所论之宪政,是指民主理论与宪政理论相结合的广义的宪政概念;是以国家与政体为前提、民主为基础、立宪为起点、三权分立为核心、人权为内在目的宪政概念。同时对严复宪政思想的形成背景与发展演变做了划分与考察。近代中国在内忧外患双重危机的交迫之下,任何局部与渐进的社会改革有时显得捉襟见肘。先进的中国人对宪政的渴望以及立宪运动的发生,并不是中国经济和社会发展的结果,而是对西方冲击的反应。引入宪政,是因为认为西方的强大富足蕴藏在西方的宪政民主制度之中。加上受传统文化道器说、体用说的影响,宪政被看作“富强救亡”的“器”和“用”,产生了“立宪——富强——救亡”的工具主义宪政观。严复早年在福州船政学堂学习,毕业后在“建威”舰上游历各地,在舰上实习五年后又留学英国。多年的学习与阅历的积累,严复终于在1895年发表《论世变之亟》等一系列政论文表达了自己初始的宪政思想,疾呼“以自由为体,以民主为用”。在1898年至1911年间,严复选择了翻译作为他终身的事业,相继出版《原富》、《社会通诠》、《法意》等八大译著,并加上自己的按语;还在1905年讲演西方政治学,并将其发表为《政治讲义》。这一时期的思想虽然没有维新变法时期那样激烈和敏锐,但较维新时期的思想沉稳和细腻,对以前他提出的很多思想进行了全方面、多角度、立体化的阐述;其宪政思想也逐步从前期的零散状态逐步转向相对系统化。1911年以后,严复年老,由于关注的角度发生变化,重心从中国特色的宪政化道路是什么的思考,转为如何走上中国特色的宪政之路,宪政思想升华。借助宪政概念这一分析工具,在严复的思想中找出了宪政的前提与基础:国体、政体与民主;同时梳理出了严复宪政思想的主要内容:其一,作为宪政起点的立宪;其二,作为核心的三权分立;其三,作为内在目的的人权。通过对严复宪政思想的梳理,自然而然的进入到揭示严复宪政思想的内在关怀。有学者的研究揭示,严复的思想内核是富强,是一种“宪政——富强——救亡”的工具主义宪政观,如王人博教授等。另一些学者研究严复思想的结论是:严复始终关注自由,是想建立一种有“中国特色”的自由主义,其自由主义表现出三个特点:追求富强;肯定自由、民主与资本主义,但拒绝己重群轻的个体主义,并强调已群并重;三、调适性的渐进改革。代表人物是黄克武研究员等。还有学者认为,严复追求的是“治道”。如吴展良指出:“严复所追求的绝不仅是富强。他其实具有一种既深且厚的‘儒学性格’、无所不在的‘易家与道家式的世界观’、以及深受儒道思想传统影响的思维方式。其学术思想的主要追求,是一种‘通道为一’的一贯境界。亦即认识最高也最普遍,内在于一切事物之中,可以作为一切事理与人生实践之最高指导的原理与‘理路’。严复的终极关怀,在于找出中国在大时代的挑战下所应循的道路。……中年以后,更以此为全生命的职志,……使中国步入大道,意味着使中国的学术、文化、教育、伦理、政治、经济、军事乃至一切种种都走上正轨。……然而追求富强并不是他的最高目标或指导原则,使中国走上‘大道’才是他的核心与终极追求。”王建龙博士也是持有如此观点。史华兹博士似乎认为严复是存在两种关怀的,即富强与自由。尽管其撰写的书名叫作《寻求富强:严复与西方》,但他又始终不渝的坚信严复是一个自由主义者。严复认为,好的政体,才能够富国强民,那么这个好政体就是宪政;但也诚如史华兹博士指出,严复是自由主义者。从严复宪政思想的全局看,严复的国家思想、政体思想、民主思想、立宪思想、三权分立思想、人权思想等里面既包涵着对富强的追求,也内化有对自由的渴望。如果说以往对自由的追求,可能被对富强的迫切要求所压制,“富强为体,自由为用”;那么,1905年的《政治讲义》是严复多年来对自由,尤其是政治自由孜孜以求的一次升华、凸显。在严复的终极关怀里,富强与自由,始终是一对孪生兄弟,被严复紧紧的注视着。综上所述,本文有以下几点意义:首先,革命与改良,都是有意义的,严复是一个持有改良主义的思想巨擘,给了我们很多的启示;其次,对严复宪政思想的梳理,将其国家思想、政体思想、民主思想、立宪思想、三权分立思想、人权思想等一一的采撷出,汇成严复宪政思想的主要内容;第三,通过时间上、内容上对其宪政思想的梳理,找出严复的终极关怀。对于这样一个经历过如此多风云际换的事件的思想家而言,其思想是深刻而复杂的,其思想在不断的流变,其终极关怀也未尝只有一个,可能是多元的:既有对富强的关注,也有对自由的追求。更多还原

【Abstract】 Yen Fu’s Constitutional Thoughts was scattered and widespread, there are very complex factors that affect the formation process of his theory, therefore, in order to understand completely the features of Yen Fu’s ideology, it is asked for researchers that must use the relative analysis tools. By resolving the doubt of the constitutional concept, I sort out many compositions of the constitutional concept, such as: human rights, democracy, and rule by law, separation of powers, equality, constitution, elections, etc. Discussing on the constitution in this paper is the general constitutional concept that combines the democratic theory and the constitutional theory; and is the constitutional concept on the premise of country and government, on the basis of democracy, constitution as a starting point, the separation of powers as the core, human rights as inherent purpose. At the same time, the formative background and the evolutionary development of Yen Fu’s constitutional thought was also divided and studied. China has to face the double crises of the internal and external“troubles”in modern time; it is hard for any local and progressive social reform. The desire for the constitution and the constitutional movement for advanced Chinese people is not a result of Chinese economic and social development, but is a reaction of the Western strike. The constitution was introduced, as the view that Western wealth and power embedded in the Western system of constitutional democracy, and it is affected by the traditional culture. The constitution was regarded as the implement of“saving the nation from extinction and wealth and power”, so the constitutional view of tool-ism——“constitution– wealth and power– to save the nation from extinction”was produced. Yen Fu early learned in Fuzhou Shipping School, after graduation he travelled around in“Granville”ship, and then he studied abroad in Britain after his practice for five years in that ship. With his accumulation of learning and experiences for many years, Yen Fu finally published“On the Change of World urgent”in 1895, and a series of political papers that expressed his initial constitutional thoughts, his strong desire is“by freedom aided with democracy management and technology”in those papers. During 1898 to 1911, Yen Fu choosed translation as his life-long career and he have published the eight translations, such as“An Inquiry Into Nature and Caouses of the Wealth of Nations”,“History of Politics”,“The Spirit of the Laws,”and so on, and added their own note; he also delivered the lecture of Western political science in 1905, and then his speech was published as a“Political Lecture”. During this period time, although his thoughts was not as intensive and sharp as the Restoration period of 1898, was more steady-going and steadily refined than those of the Restoration period of 1898, I have been going to discuss roundly for a lot of his ideas. The constitutional thoughts have also been gradually shifted from the pre-fragmented state into the systematization. After 1911, as Yen Fu’s old age, his attention have changed that the focus shifted from the thought what is the Chinese characteristics to the constitutional road into the thought how to go the Chinese characteristics to the constitutional road, this is the sublimation of constitutional thought.With this analysis means of the constitutional concept, we can find its premise and foundation in Yen Fu’thoughts: state system, political system and democracy; at the same time the main contents of Yen Fu’s thoughts was came out: Firstly, as a constitutional starting point for constitution; Secondly, as a core of the separation of powers; Thirdly, as the human rights of the inherent purpose. By coordinating Yen Fu’s constitutional thought, then the inherent care of Yen Fu’s constitutional thought was naturally revealled. Some scholars’study reveals that Yen Fu’s ideological core is wealth and power that is a constitutional view of tool-ism of“constitution– wealth and power– to save the nation from extinction”, as Professor Wang Renbo. The conclusions of some scholars’study in Yen Fu’s thoughts is that Yen Fu has always concerned about its freedom that is to create the liberalism that has“Chinese characteristics”, the liberalism shows three characteristics as the following: search for wealth and power; permission for freedom, democracy and capitalism, but refusing to re-group in a light, and that having both groups; Thirdly, the reform of the gradual adjustment. Huang Kewu is a representative. Some scholars also think that Yen Fu searched for“Governance”. As Wu Zhangliang pointed out that Yen Fu not only search for wealth and power, in fact, he has a deep and thick world value of“Confucian personality”, omnipresent“easy-and Taoist-world”, as well as, he was affected by the thinking ways of the traditional influence of Confucianism and Taoism. The main pursuit of academic study is a consistent level of“channel for one”. That is also that the highest awareness is the most common, which is in all things, and it also is the highest guiding principle and“idea”of all things and its life practice. Yen Fu’s ultimate concern is to find out the road that China must follow under meeting the challenge times.……After middle-ages, he made it as his responsibility of all life.……Making China entered into the normal order means that the Chinese academic study, culture, education, ethic, politic, economy, military and all has begun to return normal.……However, the pursuit of wealth and power was not his highest aim or his highest guiding principles; it is the core and ultimate pursuit for him that makes China to return normal.”Dr. Wang Jianlong supports this viewpoint.Dr. SHI seems to think that there are two cares in Yeng Fu’s thoughts that are wealth and power and freedom. Despite he have written the book that the title called“Search for Wealth and Power: Yen Fu and the West”, he thinks unswervingly that Yen Fu is a liberalist.Yen Fu thinks that a good political system can make countries becoming rich and strong, so this good political system is a constitution. As alo SHI pointed out that Yen Fu is a liberalist. His ideology of nation, political system, democracy, constitution, separation of powers, human rights and so on was not only included his pursuit for wealth and power, but also his desire for freedom from the overall aspects of his constitutional thoughts. If we say that his pursuit for freedom in the past time could be suppressed by his strong desire for wealth and power——“by freedom aided with democracy management and technology”, then, the“Political Lecture”in 1905 is Yen Fu’s many years for freedom, especially for political freedom pursued by a sublimation of highlights. Wealth and power and freedom are always one pair of twin brothers in his ultimate concern that were strict closely watched by him.In conclusion, the paper has significance as the following: Firstly, both of revolution and improvement are meaningful. Yen Fu who is a giant thinker holding reformism has been giving us a lot of inspiration; Secondly, by coordinating Yen Fu’s constitutional thoughts that included into the ideology of nation, politic system, democracy, constitution, separation of powers, human rights, they are merged into his main content of constitutional thoughts; thirdly, coordinating the constitutional ideas from times and contents, to find Yen Fu’s ultimate concern. For such a thinker that experienced so many events for the occasion situation, his idea is profound and complex, and constantly changing. His ultimate concern is not only one, and may be more aspects; his concern is watched either on wealth and power, or on the pursuit of freedom.更多还原