论文部分内容阅读
《临时约法》“因人立法”是一个人所共知的命题。作者认为,《临时约法》“因人立法”是革命党人在特殊时代背景下采取的一种权宜措施,其表现之一是改总统制为内阁制,表现之二是在内阁制的设计上增加了一些违背责任内阁制法理的特殊条款。《临时约法》“因人立法”虽然用心良苦,但难以起到预期的作用,在中国近代法制史上留下十分深刻的教训。作者认为,我们在批评《临时约法》“因人立法”的同时,更不能因此而放过袁世凯,应该严厉谴责袁世凯存心破坏民主共和制度、追求绝对的专制独裁、乃至复辟帝制的种种倒行逆施,这是大是大非之所在,不能混淆两种性质的问题。
“Temporary Covenants” “people-based legislation ” is a well-known proposition. The author believes that “Provisional Covenant” and “Legislation of” people “is a kind of expeditious measure adopted by the revolutionaries in the special era. One of the manifestations is the change of the presidential system to the cabinet system, the second is the cabinet system Some special provisions that go against the constitutional rationale for a responsible cabinet have been added to the design. Though Provisional Laws and Legislation of the People because of its good intentions, it is hard to play an expected role and left a very profound lesson in the history of Chinese legal history. The author believes that while we criticize the ”Provisional Constitution“ and ”people-based legislation," we should not allow Yuan Shikai to be left behind. We should severely condemn Yuan Shikai for his efforts to undermine the democratic republic system, pursue absolute dictatorships, and even revive the imperialism This is where the big and the big lie lie. We can not confuse two types of issues.