民初宪法会议的困境与破解尝试(1916-1917)

护国运动后,宪法会议在国人期待中召开,却因党争激烈,久议而不能决,制宪工作陷入困境。对此,章士钊再提"调和立国"之法,希望以此破解制宪僵局。"调和"逐渐成为制宪的主流思想主张,为大多数议员接纳,并促成"孔教入宪"等诸多争议问题的解决。然而,该主张却始终无法解决"省制入宪"和"解散权与不信任决议权"等问题,导致宪法会议停滞,国会也因此被再次解散。宪法会议失败的原因在于各党派将自身利益凌驾于国民利益之上,破坏了共同的利益基础,共识难以形成,宪法也就成了镜花水月。

The Attempt to Crack the Dilemma of the Constitutional Convention in the Early Republic of China

After the National Protection Movement,the Constitutional Convention was convened in the expectation of the Chinese people.Due to fierce party struggle,the constitution had not been completed,and the making of the constitution was in a dilemma.In response to this situation,Zhang Shizhao presented the method of"compromise"in hope of breaking the deadlock in making the constitution."Compromise"had gradually become the mainstream ideology in the process of constitution-making,which was accepted by most lawmakers,and facilitated the settlement of many controversial issues such as"incorporating Confucianism into the constitution".However,this method could not solve the problems of"incorporating provincial systems into the constitution"and"the rights of dissolution and non-confidence resolution",which led to the stagnation of the Constitutional Convention and the dissolution of Congress.The reason for the failure of the Constitutional Convention was that various parties had placed their own interests above the national interest,which undermined the foundation of common interests,and made it difficult to form a consensus.As a consequence,the constitution had become a mirage.