孙中山法治思想初探

在新的世纪,“依法治国,建设社会主义法治国家”仍为时代的最强音.而回顾20世纪初,“革命先行者”孙中山先生的论述中即包含了丰富的法治思想他坚持人民主权,指出“主权属于国民之全体”,“盖国民为一国之主,为统治权之所出”;他倡导法律至上、宪法至尊,认为“一国之政事,悉以宪法行之”;他注重人权,推崇平等;他重视立法,盛赞法律为“共和国之命脉”;他主张依法行政,认为政府各机关的组织、活动都应有法可循,并大力整饬吏治;他强调司法独立,力主改革封建司法制度.此外,孙中山先生在中西法律文化的贯通融会及挖掘法治本土资源方面做了很多有益的尝试,给我们今天对传统法治资源进行创造性转化提供了必要的启示.

Probe into SUN Yat-sen's Thought of Rule of Law

In the new century, the blueprint of governing the country depending on the Rule of Law, of constructing the socialist country with quality of Rule of Law is still the highest voice. Looking back to the ear ly last century, we can find out that SUN Yet-sen's deliberation has embraced p rofound thoughts with regard to the Rule of Law. He pointed out sovereignty belo ngs to the whole citizens who were the real masters of the country, and from who m the power of government originated. He advocated the supremacy of law and the paramountcy of constitutional law. He regarded human rights, advocated equality, and emphasized legislation. He proposed administration conducted subject to law , and he put great emphasis on the independence of the judiciary. Furthermore, h e also made some significant attempts in the co-ordination between the western and Chinese legal culture, which provides necessary implications to our creative transformation about the traditional legal resources.