近代中国宪政建设制约因素的法律文化分析

近代中国曾开展过多次宪政运动,制定过众多宪法或宪法性文件,进行过多种宪政模式的探索和建设,但最后都失败了.从法律文化方面来看,近代中国宪政建设的制约因素主要有:"人治"传统的根深蒂固而"法治"观念的淡薄是观念因素;"民智未开"、"保姆训政"等理论、主张的影响是思想因素;以军权统治为形式的独裁统治是政治因素;宪政模式的频繁更替和脱离实际的选择是体制因素.总结和分析这些制约因素,既有一定现实意义,也有许多重要启示.

Analysis of the Law Culture of the Conditional Factor for the Constitutional Construction in Modern China

Modern China has promoted constitutional movements many times, made many constitutions or constitutional documents, investigated and constructed various constitutional models, but at last all the above fail and are given up. Observation from the viewpoints of the law culture, the conditional factors for modern China's constitutional construction mainly display themselves as: Owing to the tradition of 'rule of man'is deep-rooted, so that the bluntness of 'rule of law' is the sense factor; the influence of the doctrines and thinking such as 'the people are still in naive stage' , 'nurse tutelage' are the thinking factor; the dictator rule taking the military power rule as the form is the political factor; the frequent changes and the choice separated from the facts are the system factor. It has certain practical significance as well as many important inspirations to sum up and analyze the above conditional factors.