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自古以来,中国和日本都是中华法系的代表性国家,两国有着相似的文化传统和法律传统。然而,当近代西方法治文明的洪流席卷而来时,由于自身文化中法治传统的缺失,实施宪政,这一西方国家水到渠成之事,到了中国和日本就成了不得已而为之之举。因此,近代两国一系列的宪政措施实质上都是“宪法工具主义”影响下的产物。通过中日两国的宪政历程之比较,或许可以从中得出一些启示。
Since ancient times, both China and Japan are representative countries in the Chinese legal system. The two countries share similar cultural traditions and legal traditions. However, when the torrent of modern Western rule of law civilization swept away, due to the lack of tradition of the rule of law in its own culture and the implementation of constitutional government, this Western country came its due concurrence and became a last resort for China and Japan. Therefore, a series of constitutional measures in both countries in recent years are essentially products under the influence of “constitutional instrumentalism.” Through the comparison of constitutional history between China and Japan, some enlightenment may be drawn from it.