| 英文摘要 |
Reviewing the history of modern China’s constitutions, it may be argued that Kungchuan Hsiao’s constitutional thought fails to receive due attention. Hsiao is not a member of the Kuomintang or the Nationalist government; as a moderate constitutionalist, he claims to treat constitutional issues with an ultrapartisan and objective stance, which transcends either radicalism or conservatism. This has made him appear conservative in the eyes of radicals and radical in the eyes of conservatives. However, it is quite difficult to portray the various facets of reconciliation and independence, and the complex mixture of compromise and adherence in Hsiaos constitutional thought. To understand Hsiao’s constitutional ideas precisely, on the one hand, it is necessary to explore the traditional and western educations he received in his prime, and his status as one of the “socially unattached intelligentsia”. These are external factors affecting the formation of his constitutional thought. On the other hand, it is far from enough to analyse the surface structure of Hsiao’s constitutional thought alone. The deep structure should also be examined, including his views of freedom, politics, and political theory. To achieve an overall understanding of Hsiao’s thoughts, the surface structure and the deep one should be combined in the same theoretical context. However, considering the specific era, both radicalism and conservatism were doomed to fail, and so did Hsiao’s lowprofile constitutional thought. This is because both the revolutionary logic of modern Chinese politics and the marginalisation of modern Chinese intellectuals have turned those constitutional thoughts into unrealistic, utopian ideals. |
