新民主主义宪政研究

【作者】 韩大梅；

【导师】 王永祥；

【作者基本信息】 南开大学 ， 中国近现代史， 2001， 博士

【摘要】 新民主主义宪政研究是新民主主义理论和实践研究的薄弱环节之一。从史论的角度研究者汗牛充栋,而以宪政的角度进行探讨者却门可罗雀,不能不视为一种缺憾。本文即是从宪政的角度对抗日战争到五四宪法颁布前,中国共产党抗日根据地、解放区及建国初期的民主政治建设进行了系统、深入而全面的探讨。新民主主义宪政是中国共产党在新民主主义革命阶段民主政治建设中的伟大创举。这种以中共领导下的抗日根据地和解放区民主政权建设为基本体现的宪政,其内涵、特质与意义均在丰富的理论和实践基础上得到了充分的展现,并表现为既区别于资本主义宪政又不同于社会主义宪政的宪政新模式。本文在进行深刻的历史考察基础上,融合历史学、政治学和法学的理论与方法,并通过必要的纵向及横向的比较研究,重点揭示了新民主主义宪政思想形成的过程;阐述了新民主主义宪政的产生、发展及其运行机制;着重分析了新民主主义宪政的内涵,并归纳出其鲜明的特质;在历史考察之后的理性思考,让人不得不惊异于中国共产党的伟大创造,对中国乃至世界民主政治理论和实践的伟大创造和伟大贡献。更多还原

【Abstract】 The study of the new democratic constitutionalism has been one of the weak links in the research on the theories and practice of the new democracy. While an immense collection of books have been published that deal with the problem from an angle of historical theory, quite few researchers probe into it from a constitutional point of view, which we cannot but regard as a regret. In this dissertation, from the angle constitutionalism the author has done a systematic, deep-going and comprehensive research on the building of the democratic politics in the Anti-Japanese base areas and liberated areas led by the CPC as well as in the early days of New China, that is, from the war against Japan to the time before the 1954 Constitution was issued. The new democratic constitutionalism was really a great pioneering undertaking dong by the Communist party of China in the democratic political building during the new democratic revolution. The constitutionalism, basically embodied in the strengthening of the democratic political power in the Anti –Japanese base areas and liberated areas led by the CPC, has based on its rich theories and practice, got full presentation in its connotation, feature and significance, and become a new model of constitutionalism which differs not only from a capitalist constitutionalism but from a socialist one . Based on a deep-going investigation of history, this paper, by merging the theories and methods in history, politics and law and through a necessary comparative study horizontally and vertically, has mainly revealed how the new democratic constitutional ideology come into being, set forth the emergence, development and operating mechanism of the new democratic constitutionalism, and particularly analyzed its connotation and summed up its clear and sharp features. A rational thought after the historical investigation will make us impossible not to feel amazed at the CPC’s great creation, a great creation of and a great contribution to the theory and practice of democratic politics in China and even in the world.更多还原