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编者按:自晚清变法以来,“宪政”成为千万志士仁人的梦想,孔老夫子连同封建帝制传统被扔进了历史的垃圾堆;而近三十年法制改革最初的动力,来自对“十年浩劫”纲纪废弛的反拨,告别革命,故谓“拨乱反正”。儒家礼法传统沦为博物馆内的藏品,成为中华文明点缀式的自我确认;同样,毛泽东时期的政法实践,尽管其痕迹仍到处可见,学界却不愿理它,因为它带有先前时代令人恐惧的印记。总而言之,儒家传统和革命传统,在宪政一民族国家建设这一似乎不可阻遏的历史力量面前,成了当不得真、拿不上台面,甚至有点令
Editor’s Note: Since the reform of the late Qing Dynasty, “constitutionalism” has become the dream of millions of selfless people. Confucius, together with feudal monarchy, was thrown into the rubbish of history. The first 30 years of reform in the legal system came from Against the “ten years of catastrophe,” “discipline slackening backlash, bid farewell to the revolution, so that” chaos disorder anyway. " The Confucian tradition of etiquette and law has become a collection in museums and has become an embellished self-confirmation of Chinese civilization. Likewise, the political and legal practice in Mao Zedong’s period, despite its traces, can be seen everywhere but academics are reluctant to deal with it because it is horrified by the earlier times Imprint. All in all, the Confucian traditions and revolutionary traditions have become a reality when it is not possible to build a seemingly irresistible historic force in the constitutional and national nation. It is even a bit derogatory