百年中国宪政反思

学界论近代中国宪政的坎坷,大多归因于传统文化的阻力。文章认为,宪政在近代中国未能如设计者所愿,原因恰恰是因为未能找到传统的动力,西方宪政之“花”只有与中国传统之“木”对接,才有可能扎根中国之土。“礼”是中国传统的主干,“礼治”是中华文明的标志。近代以来在对传统的批判中,礼治成为首当其冲的靶子。但是,彻底的否定和持续一个多世纪的批判却没有抹掉历史留给我们的印记。从容地反思中国的礼治,探讨改造、更新礼治,而不是一味地批判或抛弃礼治,这也许是中国宪政改革成功的有效路径。

Reflections on the Century- old Constitutional Government in China

It is maintained in the academic circle of China that the frustrations of the modern Chinese constitutional government are mostly due to the resistance of the traditional Chinese culture. This paper argues that the exact reason why the constitutional government has failed to function in accordance with the designers' wishes in modem China consists precisely in the fact that it fails to be driven by the traditional motive force. Only when "the flower" of the western constitutional government is joined with "the tree" of the Chinese tradition, can it take root in the soil of China. "Propriety" is the backbone of China' s tradition, and " Rule by Propriety" is an indicator of the Chinese civilization. But in the contemporary criticisms of China' s traditions," Rule by Propriety" has become the target that is the first to be hit. However, the seal that history has left has not yet been erased by the thorough denial and criticism that has lasted over a century. It is perhaps an effective way to successful reforms in Chinese constitutional government to calmly reflect on "Rule by Propriety" in China, i. e. to probe again into how to transform and renew it, instead of criticizing or abandoning it.