【作者】 苗正达；

【导师】 马新福；

【作者基本信息】 吉林大学 ， 法学理论， 2007， 博士

【摘要】 本文以宪政理念(宪政主义)为视角、以宪政实践为主线对俄罗斯社会转型过程中各个历史阶段的宪政要素、宪政思想、宪政实践进行了全面的考察和研究。文章首先指出和论证了俄罗斯古代社会中的农村公社作为对俄罗斯社会发展的独特现象中包含了丰富的宪政要素,它对以后的俄罗斯独特的宪政道路和模式产生了深刻影响;同时也论述了二十世纪以前特别是俄罗斯思想启蒙以来的立宪主义思想发展和政治法律制度演变过程中的宪政实践;论述了俄国大革命过程中的宪政实践,指出了苏俄宪法和苏联宪法的诞生首创了苏维埃宪政模式,概括了其特点和发展演变趋向;概括和论述了苏联政治体制的建构过程及其特征,指出了苏联政治体制的建构与宪政发展内在的相悖性,并分析了其主要原因;文章也论述了戈尔巴乔夫改革和苏联解体与宪政的关系,指出戈尔巴乔夫改革乃至苏联解体实质上是对宪政模式探索抉择的过程和结果;最后文章对俄罗斯联邦宪政制度的建立及演变的过程和特征进行了考察和分析,探讨了俄罗斯联邦宪法和法律制度的建构方向,进而预测了俄罗斯宪政模式和宪政道路发展的趋势。经过上述的分析和论证,笔者试图得出这样的结论:宪法作为人类最高理性的体现,它是人类社会各种善性价值的有机统一体,具有完整的发生、存在和发展的逻辑结构;宪法价值是人类社会的价值规范发展到一定历史阶段的必然产物,是历史必然性与逻辑必然性的统一。俄罗斯独特的社会变迁进程也是对宪法价值的追求过程和对宪政模式的探索和选择过程,这一过程漫长而艰辛,走宪政之路是历史的必然和逻辑的必然,走宪政之路必须在追求人类普适价值的过程中探索和体现本国和本民族的特色。更多还原

【Abstract】 This thesis is primarily the study on the internal logics of development of Russia’s Constitutionalism since the modern times, is in an attempt to reveal, besides the peculiarity of the development trail of Russian constitutionalism, that the constitutional values were necessarily the outcome of human’s norms of values at a specific point of time in history, and a combination of necessity of historical development and logics.Chapter One Concepts of Constitutionalism and Relevant Theories In this chapter, various concepts on constitutionalism, the historic development of constitutionalism theories as well as the fundamental constitutionalism values are given an overall elaboration; all these serve as the theoretic bases and reference systems for comparison in reviewing Russian constitutionalism development.Chapter Two Social Transformation and Constitutionalism prior to the 20th CenturyThis chapter depicts and analyzes various issues like orientation of state, social structure, historic events after the 18th Enlightenment in Russia, as well as the mutual impacts with constitutionalism theories, aiming at discovering its internal logics. Russian agricultural community, as the atomic element of social structure lasting for more than 1000 years, offered a prototype for establishing varying doctrines and system designing for thinkers, statesmen and legal scholars later. Since the Enlightenment, the various efforts made by legal writers in exploring the role of state, freedom and rights of individuals, the path for social development, had led to abundant source of wisdom and theories; during gambling for reinforcing of despotism by Tsars government, embryo of constitutionalism came into being.Chapter Three Russian Revolution ---- the Initial Stage of Establishment of Russian ConstitutionalismThis chapter examines how the Soviet was established and how the Soviet Constitution came into being, and describes the features of the selected mode of constitutionalism in the initial stage, and analyzes the values and historic significance of Soviet Constitution, and the logics in development of this mode of constitutionalism.Chapter Four Paradox --- the Political Regime and Constitutionalism This Chapter gives the explanations of why Russia ran counter into the process of Constitutionalism in formation of Soviet Union’s political regime and its reflections. A focus is placed on legitimacy of 1936 Soviet Union Constitution.Chapter Five Reforms in Gorbachev Age and Choice of Paths of ConstitutionalismThis Chapter clarifies that the process of reforms in Gorbachev Age was virtually the exploration of constitutionalism approaches during new social transformation. The Dissolution of Soviet Union symbolized the end of political regime within the framework of Soviet Constitution. The reasons and logics are offered respectively. Chapter Six Establishment and Development of Russian FederationThis Chapter discusses about logics of constitutionalism development during the combat on constitution in establishing Russian Federation, and conducts an analysis on framework of the Russian-mode Constitutionalism designed by Russian Federation Constitution and its features. ConclusionThe human being, consistently make rules for collective life, which is a feature not supposed to be ignored. After passing through difficulties in each historic stage human experienced as a nation, they would make new set of rules needed via constitution to overcome the difficulties and carry on the development of human being; after suffering each misery, the human would establish needed new political and social fundamental regimes via constitution, to eliminate miseries, leading to a new historic era.Constitution, as the reflection of the highest rationale of the human being, is the reasonable integration of all values of good, and has perfect logic structure of its emergence, sustaining and development. The values of Constitution are the necessary outcome of human’s norms of values at a specific point of time in history, and a combination of necessity of historical development and logics. The unique process of social transformation in Russia is sufficiently supportive of this view. This thesis, as summarized, through reviewing the logic necessity of constitutionalism development in Russia during social transformation, reveals that the path taken for transitory states’political regime is to select a constitutionalism mode with features of their own.更多还原