摘要
近年来,因法、史学科的交叉融合,辛亥革命史研究新见叠出。一种意见援据日本人有贺长雄的观点认为,《清帝退位诏书》授权袁世凯组织共和政府,以"禅让"方式实现了"主权转移",民国主权的合法性由此得以实现;由于清帝拥有"天下共主"地位,诏书的颁布使中华帝国得以避免同期奥匈帝国似的分裂命运,促成了"五族共和",因而诏书是中华民国建国的纲领性文件,作用堪比《临时约法》。本文认为这种意见错漏甚多。君主专制与民主共和是对立的政治制度,法理上,两者绝无权力授受关系;事实上,中华民国系革命建国,即便是袁世凯的总统权力,也系民国政府授予;至于说诏书避免了分裂,更是与事实不符。从根本上讲,"主权转移"说无视辛亥革命在推翻帝制创建民国过程中的决定性作用,既乖法理,又违事实,碍难成立。
In recent years,cross-pollination between legal studies and historiography has brought many new viewpoints to studies of the 1911 Revolution.One of these views,promoted by the Japanese scholar Ariga Nagao,suggests that the Abdication Edict of the Qing Emperor authorized Yuan Shikai to organize a republican government,and realized a ' transfer of sovereignty' through 'abdication,' conferring legitimacy on the sovereignty of the Republic.Because the Qing emperor was exalted as ' the master of world,' promulgating the Edict prevented the Chinese Empire from suffering the same fragmentation that was the fate of the Austro-Hungarian Empire in the same period.The result was the ' Union of Five Races.' Therefore,the Edict should be seen as a fundamental document in establishing the Republic of China,playing no less a role than the Provisional Constitution.This article suggests that this viewpoint has many errors and omissions.Monarchy and democratic republic are opposite political systems,and on legal principles they have absolutely no relationship of offering and receiving.The fact is,the Republic of China was established by revolution,and even Yuan Shikai's presidential authority was granted by the Republican government.The view that the Edict prevented the breakup of the country also doesn't agree with the facts.Fundamentally speaking,the concept of 'transfer of sovereignty' ignores the decisive role of the 1911 Revolution in the process of overthrowing the monarchy and establishing the Republic.Such a view is not only contrary to legal principles,but also contrary to the facts.It is hardly tenable.
出处
《近代史研究》
CSSCI
北大核心
2014年第2期4-28,160,共25页
Modern Chinese History Studies
