摘要
在清末新政的背景下,"比较宪法"一词首次出现于《译书汇编》1901年第6期,此后陆续出现于晚清时期的报纸期刊、学术著作和法政学堂。在清末民初这一阶段,比较宪法概念虽大致确立,但内涵限于外国宪法著作和文本的翻译。但1930年前后出版的以比较宪法为主题的著作凸显了中国比较宪法概念的主体性内涵。1949年后,比较宪法概念并没有随着六法全书的废除而中断,而继续以多种形式延续。
Under the background of the new policy in the late Qing Dynasty, the “Comparative Constitution” first appeared in the 6th period of Compilation of Translated Books in 1901, then it gradually appeared in the newspapers and periodicals, academic works and law and politics schools in the late Qing Dynasty. Although, at this stage in the late Qing Dynasty and early Republic of China, the concept of Comparative Constitution was broadly established, the content was limited to the translation from the foreign constitutional works and text. But published works, whose theme was Comparative Constitution around 1930, highlighted the main content of the concept of Comparative Constitution in China. After 1949, the concept of Comparative Constitution did not stop with the abolition of the Six Laws, and it continued in various forms. But due to the influence of various factors such as ideology and so on, no one took part in the study of Comparative Constitution for a long time. Until the middle of 1980, some books, whose title was concerned with Comparative Constitution had been published.
出处
《比较法研究》
CSSCI
北大核心
2015年第6期70-79,共10页
Journal of Comparative Law
关键词
比较宪法
概念史
主体性
译书汇编
comparative constitution
concept history
subjectivity
compilation of translated books
