谢觉哉是近代革命法制和新中国民主法制建设的先驱者和奠基人之一,中国近现代法律史中具有重要影响的人物。早在抗战时期,谢觉哉就初步形成了宪政思想体系的构造,其中包括对政权建设、民主选举、乡村自治、新闻自由等问题的系统思考。他论证了“三三制”原则的作用和意义,探讨了党政分离的必要性与可行性,提出了统一战线工作的基本原则。此外,还对民主选举、乡村自治等问题的重要性和可操作性进行了系统分析和理论阐释。形成于民主革命时期的宪政思想尽管存在诸多历史局限,但时至今日仍有极珍贵的现代参考价值。 Xie Juezai is one of the pioneers and founders of the modern revolutionary legal system and the construction of a new Chinese democracy and legal system, and an influential figure in the history of modern Chinese law. As early as during the Anti-Japanese War, Xie Juezai initially formed the constitutional structure of the constitutionalism ideology, including the system thinking on the establishment of political power, democratic election, village autonomy and freedom of the press. He demonstrated the role and significance of the “three-three system” principle, discussed the necessity and feasibility of the separation of party and government, and proposed the basic principles of the united front work. In addition, systematic analysis and theoretical explanation of the importance and operability of such issues as democratic election and village autonomy have also been made. Despite its historical limitations, the constitutionalist thoughts formed during the period of democratic revolution still have extremely precious modern reference values.