论文部分内容阅读
本文从“社会契约论”及“人性本恶”两种理论阐述了学者对宪政理论渊源的不同解释,分析了“君”、“天”、“民”传统政治建制理念,解析了传统建制下宪政的变异状况,并提出了传统建制渊源下政府难以“有限”、正当反抗滥用等观点,建议在“契约”及“人性”中选择适当理念作为我国宪政制度建立的理论基础。
This paper elaborates the different interpretations of scholarly theories on the origins of constitutionalism from the two theories of “social contract theory” and “human nature and evil. The concept of traditional political construction parses the constitutional variation under the traditional system of constitutionalism and puts forward the view that it is difficult for the government to be limited in its origins under the traditional system of constitutionalism and just as it stands against abuse. It is suggested that in the ”contract“ and ”humanity" Choosing the Right Idea as the Theoretical Basis for Establishing the Constitutional System in China.