三权分立学说在中国近代思想界的传播——以梁启超为核心进行考察

三权分立学说作为近代西方宪政制度的理论基石,也在译介西方学术的高潮中被介绍到近代中国来。目前学术界对于此问题研究涉猎甚少。本文拟重点以梁启超为核心对该问题进行考察,探讨其对于孟德斯鸠三权分立学说的介绍、评介及其在近代政法制度理论建构中的运用情况。本文认为,梁启超吸收三权分立学说中之权力制衡的思想精髓而扬弃其不适合国情的理论架构方式,对当代制度建设具有参考价值。

Spread of the Theory of Power-Separation in the Field of Chinese Modern Thought--Taking Liang Qichao as the Core of Investigation

The theory of separation of powers is regarded as the theoretic basis of the modern system of western constitutional governments, which was introduced into China in the climax of translating and expounding western academic thoughts. Nowadays, however, the academia studies them in a very small scale. This paper, taking Liang Qichao as the core, probes into his introduction of Montesquieu's theory of power-separation and his comment on it as well as its application to the theoretic building of modern political legal system. This paper argues that Liang Qichao absorbing its kernel and discarding the parts which were not becoming to Chinese situations offers referential values to the contemporary institutional improvement.