摘要
一戰過後，歐洲出現國家改造浪潮，新國家紛紛制定新憲法或相關法律，舊國家也多從事憲法或相關法律的修訂，其共同的趨勢則是代議制改造。從19世紀到20世紀，西方知識正經歷一個轉型過渡的年代。這些新的憲法或法律被視為戰前新思想、新理論的結晶，吸引了中國知識分子的注意。清末以來，張君勱即是一位憲政主義者，推崇議會制度。本文以張君勱為中心，探討1919年至1921年旅歐時期，他對歐洲代議制改造所作的考察。張氏的考察主要以英、法、德、俄等國為主，分別代表不同的改造模式。他考察英法的選舉和議會政治運作情況。由於英法議會政治使國家通過戰爭的考驗，他對民主政治的價值更加肯定。德國經過短暫的蘇維埃革命，最終回到代議制軌道。其改造內容，落實主權在民，且使德國代議制在政治機關外，多了由資本家和工人代表聯合組成的經濟代議機關，張君勱以其體現了自由主義和社會主義的調和，表示讚賞。至於俄國以實行社會主義改造為由，推翻代議制，實施蘇維埃制，張氏不予認同。張君勱對戰後歐洲代議制改造考察的論述，不僅是1920年代前後中國知識界傳播和回應西方法制新知識熱潮的一部分，更是他生命中法制知識建構的重要經驗和日後規劃中國國家改造藍圖的知識基礎。
After World War I, the wave of national innovation emerged in Europe. Not only newly-created countries drew constitution and laws, but also existing countries engaged to amend their constitution or laws. The common trend was the transformation of representative system. From the 19th to the 20th century, the West had been facing a knowledge transition. These new constitutions and the laws were considered as the achievements of the new theories established before the war, and attracted the attention of many Chinese intellectuals. Since the late Qing Dynasty, Zhang Junmai was a constitutionalist and he respected parliamentary system. This paper explores Zhang Junmai’s study on the transformation of representative system in Europe when he traveled to Europe from 1919 to 1921. His investigations were mainly in Britain, France, Germany, and Russia, and they represented different transformation models of representative system. He examined the elections and the operations of parliamentary politics in Britain and France, where the parliamentary politics have stood the test of war. As a result, Zhang Junmai more believed in the value of democracy. Germany eventually returned to the track of representative system after a brief Soviet revolution. The transformation of representative system in Germany was to implement the sovereignty of the people. Beside parliament politics, Germany established the economic council, which is comprised of the representatives of capitalists and the coalition of labor union. Zhang Junmai applauded this liberalism and socialism reconcile. As for Russia, in order to carry out the socialist transformation, discarded therepresentatives and replaced it by the Soviets. Zhang Junmaidisagreed with that. In short, Zhang Junmai's discourse on the transformation of representative system in Europe wasnot only a part of spread and response of western legalknowledge before and after the 1920s among Chinese intellectuals, but also was an important stage in theconstruction of his own legal knowledge in his life. Andthen further became an important knowledge base for his Chinese national transformation program in the future.
關鍵詞
張君勱、代議制、威瑪憲法、蘇維埃制、社會主義
Zhang Junmai, representative system, Weimar Constitution, Soviet System, socialism