【作者】 曹军；

【导师】 宝成关；

【作者基本信息】 吉林大学 ， 政治学理论， 2010， 博士

【摘要】 政治权力的产生,标志着人类从非政治社会进入政治社会,人类所有的政治活动和政治行为都围绕着政治权力展开。这就需要解决三个基本问题,即政治权力的归属、政治权力的配置和政治权力的运行。对于第一个问题,在人类社会进入21世纪的今天,主权在民的观念已经深入人心,至少公开宣称反民主的国家和政党已经不存在了。那么,如何建构合理的政治权力配置模式,以尽量减少政治权力运行过程中的负面影响,就成了我们尚未完成的课题。中国几千年来的政治权力配置模式是封建君主的专制独裁权力配置模式,这种政治权力的配置模式,是以皇帝为核心的。而自鸦片战争以来,所谓面临三千年未有之变局,这种的传统的政治权力配置模式所支撑的立国之道,显然已不足以应付新的世界形势的挑战,于是,政治权力配置模式的转型以实现中国政治的现代化迫在眉睫。近代中国的仁人志士们从西方找到了政治权力配置模式转型的目标,那就是民主宪政,用宪法来配置政治权力。中国用宪法来配置政治权力的第一步是在迫于无奈的背景下迈出的,为了清王朝的苟延残喘,风雨飘摇中的清政府进行了为期10年的政治改革,试图重新分配政治权力。然随着清朝政府在革命大炮中的土崩瓦解,近代中国进行政治权力配置模式转型的第一次尝试彻底失败。在辛亥革命中匆忙诞生的南京临时政府,对于如何选择和建构自己的政治权力配置模式,亦有一个认识和争论的过程。在这个过程中,有一个人的声音渐渐清晰,那就是宋教仁。被誉为“未来的民主共和国的叔孙通”和“中国的杰斐逊”的宋教仁,是中国伟大的民主革命先行者、中华民国的缔造者,是中华民国初期第一位倡导内阁制的政治家,对当时中国的政治权力配置模式的建构有着自己清晰的认识,并在其中发挥了重大作用。论文试图从思想史的角度解读宋教仁的政治思想,注意把握其政治思想的渊源流变及内在逻辑,并强调从制度设计的角度剖析宋教仁关于民初政治权力配置模式的设计及其实现路径。更多还原

【Abstract】 Emerge of political power, marked the entry of human society from non-political political society to political society and all political activity and political behavior of human developed around political power, which require to solve three basic problems, namely, the attribution of political power, allocation of political power and operation of political power. For the first problem, the concept of people sovereignty has gained recognition in the human society in the 21st century, at least, countries and political parties who openly declared opposing democratic no longer exists. So, how to construct a reasonable allocation of political power mode to minimize the negative impact of political power, becomes a subject we have not yet completed.Allocation mode of political power during the past thousands of years in china is the mode of feudal autocratic monarchy, which core is the emperor. Since the Opium War, facing the change so-called three thousands years have not seen, the traditional allocation model of political power was clearly insufficient to meet the challenges of the new world situation, therefore, realize the transformation of allocation model of political power to realize the modernization of Chinese politics . People with lofty ideals of modern China found a transformational goal of allocation model of political power political power goals from the west, which is democracy and constitution using Constitution to allocate political power. The first step in modern China allocating political power by the Constitution began in the context of forced by situation. In order to retrieval, the Qing dynasty government carried a 10-years political reform trying to reallocate political power. However, the Qing government collapsed with the guns of the 1911 revolution, the first try to achieve the transition of allocation mode of political power completely failed.The Nanjing provisional government hastily born in the 1911 revolution had a process of awareness and debate about how to choose and construct their own allocation mode of political power. In this process, Song Jiao-Ren’s voice gradually cleared. Hailed as“Shu Sun-Tong of the democratic republic in the future”and“Chinese Jefferson”, Song Jiao-Ren had a clear understanding on the construction of allocation mode of political power and played a major role. The thesis attempts to interpret Song Jiao-Ren’s political thought from the perspective of the history of political thought, which pays attention to the origin and evolution and the internal logic of his political thought, and stressed that analyzing the design of allocation mode of political power and its realizing way in late Qing dynasty and early Republic of China from the perspective of institutional design.In the introduction, the thesis expounds the background of its issues and points out that studying Song Jiao-Ren and the transformation of allocation mode of political power would make up the idea break and provide some references for political reform in china. In the introduction, the thesis studies the current researching situation of Song Jiao-Ren in China and overseas, and brings forward the researching access of this thesis.The first chapter describes the life and the thought evolution of Song Jiao-Ren. The thesis divides Song Jiao-Ren’s life into three stages, namely the early political thought and activities, designing the Constitution of the Republic and bloodshed for the constitution, and recalled Song Jiao-Ren’s outstanding talent and his contribution to China’s democracy and constitution in his the short life. Republican Constitution and democracy is the essence of political modernization and the goal which Chinese people with lofty ideals in modern china struggling to pursue, so, Song Jiao-Ren Constitutional thought has an irreplaceable position in history of constitutional thought in modern China. Song Jiao-Ren addicted himself to political practice of the early Republic China with his political ideals and beliefs, which death broke the dream of a democratic constitutional government in early Republican China, and left his footprints in the constitutional history with his blood.The second chapter describes the idea of allocation mode of political power of Song Jiao-Ren. Song Jia-Ren addicted himself to constitutional democracy and stand to construct a parliamentary republic who thought that constitutional democracy is a powerful tool and method to build a strong country. Song Jiao-Ren’s ideal allocation mode of political power is that attaching importance to the role of parliament and standing that the leader of the majority party in parliament would take up the post of the prime minister and the prime minister should organize the Cabinet which be responsible to parliament, and the president simply to enjoy high status and reputation of the state. Song Jiao-Ren inclined British-style two-party system in particular political party system.The third chapter describes Song Jiao-Ren’s practice of the transformation of allocation mode of political power. In this chapter, the thesis firstly describes Song Jiao-Ren’s practice of political party cabinet, listing the Song Jiao-Ren’s efforts in the Chinese United League, struggles insisting on the responsible cabinet system, organization of Chinese Nationalist Party and participation in parliamentary elections. Song Jiao-Ren’s opinion of allocation mode of political power not only consists in his drafting documents for Chinese Nationalist Party, political commentary and speech, but also reflected in his several drafting legal texts detailed and exactly. The thesis analyses Song Jiao-Ren’s concrete specific design of allocation mode of political power represented pattern plate of E Zhou provisional constitution, and thinks that the E Zhou provisional constitution created a new era in the history of the Chinese Constitution with its idea, principles, content and form of modern constitution, and provided a ideological and institutional possibilities for realizing the ideal of constitutionalism in China at last.The fourth chapter describes Song Jiao-Ren and the transformation of allocation mode of political power in the Late Qing Dynasty and early Republic of China. This chapter elaborates the basic theory of political power and its allocation mode, demonstrates why the human society should have political power, approaches the basic content of political power allocation, analyzes traditional allocation mode of political power in china and recalls the transformation try of allocation mode of political power in late Qing’s new politics. In addition, this thesis further expounds the positions and ideas of Song Jiao-Ren through Song Jiao-Ren’s criticizing on late Qing’s new politics and its allocation mode of political power.In the end, the thesis draws a simple conclusion that Song Jiao-Ren’s political practice started the process of political modernization in modern China.更多还原