梁啟超的「理想國」與「元法式」探賾

Exploration of Liang Qichao's ''Utopia'' and ''Meta law Style''

梁啟超作為近代中國具有重要影響力的時代人物，在政治、新聞、文學、經濟、歷史、法學等諸多領域都留下了不可磨滅的業績。然而，在以愛國和救國為根本奮鬥目標的一生中，他始終致力於尋找一個「元法式」來建立其理想國，也正因為此，立憲與行憲是他一以貫之的終身目標，從未偏離。而所謂之「國體」，不論是君主、是開明專制或是共和，本質上都是實現立憲與行憲目標的路徑，因此，他關心「法的基本樣式」，而並不在乎國體；關心法的實際效果而不至墨守成規。在這樣的理解和堅持下，他強調透過立憲界定國家權力與人民權利，來達成人民「自外而內」之自由；透過司法獨立成就人民「自內而外」之自由。在考察梁啟超的法學觀時，也應本著「頌其詩，讀其書，不知其人，可乎？是以論其世也。」的知人論世之思，在國家和時代的大背景下進行思辨，而非將其當做著書立說的一家之言。

Liang Qichao, as an influential figure in modern China, has left an indelible influence in various fields such as politics, journalism, literature, economy, history, and law. However, throughout his life of striving for patriotism and national salvation, he always attempted to find a meta legal model to establish his ideal country. It was precisely because of that constitutionalism and implementing constitutionalism were his lifelong goals that he never deviated from. The so-called state system, whether it was a monarch, an enlightened dictatorship, or a republic, was essentially his path to achieving the goals of constitutionalism and practice constitutional government. Therefore, he was concerned about the basic style of law rather than the state system; He cares about the actual effect of the law rather than sticking to conventions. Under such understanding and persistence, he emphasized the realization of the freedom of the people from the outside in by defining state power and people's rights through constitutionalism; Through judicial independence, people's freedom from the inside out is achieved. When examining Liang Qichao's new legal perspective, we should also adhere to the idea of ''praising his poetry, reading his books, and not knowing his people, right? It is to discuss his world.'' We should think critically in the context of the country and the times, rather than treating it as a personal statement for writing books.