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中国本无近现代意义上的法律体系,经西学东渐而传入本土。清末法制改革至今已历一百余年,刑法、民法、诉讼法等均在我国生根发芽,很多部门法已经在中国获得勃勃生机,成为社会生活不可或缺的重要规范。然而作为根本大法的宪法在中国却命途多舛,屡受挫折,宪法的移植在中国遭到了强大的抵制,出现了与中国这个受体的排异反应。为什么诸多部门法可以在中国安家落户,而宪法却是“风流总被雨打风吹去”?回顾民国制宪史,宪法的制定和实施在中国遇到了强人政治、暴力政治和独裁政治的阻碍。
In the modern Chinese sense, the legal system in China has been introduced into the country through the course of Western learning. The legal system reform in the late Qing Dynasty has been going on for more than one hundred years. Criminal law, civil law and procedural law have taken root in our country. Many department laws have gained vitality in China and become indispensable norms in social life. However, as a fundamental law, the constitution has suffered a lot in China. It has suffered many setbacks and the transplantation of the constitution has been strongly boycotted in China. There has been a rejection of this constitution from China. Why do many departments and laws can settle down in China, but the Constitution is “the wind is always blown away?” Recalling the constitutional history of the Republic of China, the formulation and implementation of the Constitution in China encountered strong politics, violence and dictatorship politics Hinder