《十九信条》保障权利条款缺失的宪法解读

《十九信条》曾被一些宪法学者称为中国历史上第一部宪法,但学界一直对这部宪法缺少研究的热情。最重要的原因莫过于认为在《十九信条》中没有规定保障(公民)权利的条款,这是晚清政府欺骗民众的临时举措。透过对这一独特宪法现象的文化意义分析,我们可以从源头上理解国家主义、法律工具主义对于中国宪法发展的深远影响。

A Constitutional Study on the Absence of Civil rights of the Key Doctrines

The Key Doctrines was called the first constitution of China by some constitutional scholars.But the others scholars were so indifferent that they had no interest in studying it.The most severe criticism thought that The Key Doctrines made by the late Qing dynasty was a temporary means to cheat its people because there are no clauses on the right-protecting.While the paper shows that analyzing the unique constitutional phenomenon can help us understand originally that the ideas of nationalism and law realism have influenced the development of Chinese constitution.