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本篇乃是西耶斯首次提交制宪国民议会的“人权和公民权宣言”草案及其理由阐释,曾由专门组成的宪法起草委员会于1789年7月20日和21日审议,对形成正式的1789年《人权和公民权宣言》有重要影响。原文载于《制宪国民议会审议记录》第8卷第256至261页,标题为译者所加。西耶斯历来注重学说的系统性,最蔑视那些“思想支离破碎的人”。此草案不仅在时间上晚于《论特权》和《第三等级是什么》两篇,而且在内容上包含并超出制宪权学说,偏重人权理论,是西耶斯宪法学说最精练和最系统的阐述。故其对于学术界研究近代法国宪法学说意义重大,特此译出,以飨读者。
This is an explanation of the draft Declaration on Human Rights and Citizenship that Syls first submitted to the Constitutional National Assembly and its justification. The Constitution Drafting Committee, which was deliberately constituted on July 20 and 21, 1789, deliberated on the formation of The official 1789 Declaration on Human Rights and Citizenship has a significant impact. The original text is contained in Volumes 8 to 261 of the “Constitutional National Assembly Review Record” and is titled Translator’s Supplement. Sylves has traditionally focused on the systematicness of doctrine and most disdainful of those whose “thoughts are fragmented.” This draft is not only later in time than two articles on “privilege” and “third rank”, but also includes and goes beyond the doctrine of constitutional power in the content. It focuses on the human rights theory and is the most refined and systematic The elaboration. Therefore, it is of great significance for academia to study the modern French constitutional theory and is hereby translated out to readers.