戊戌時期康有為法政思想的嬗變－－從《變法自強宜仿泰西設議院折》的著作權爭議切入

Evolution of Kang Youwei's Viewpoints of Law and Politics during the Reform Movement of 1898: From the Perspective of the Copyright Disputes of 'Reform and Self-strengthening Should Imitate West Country to Set Off House'

康有為是否偽造闊普通武的《變法自強宜仿泰西設議院折》，學界對此存在爭論。通過兩則新證據，亦即更早發表的梁啟超的《古議院考》與該折在內容上具有高度的相似性、康有為的上書經驗與該折在程序上“（議院）議妥由總理衙門代奏”的安排相符合，可證明該奏摺是由梁啟超、康有為起草。戊戌時期，康有為的法政思想從主張開設議院變成反對開設議院，進而提出設立仿照近代日本特別內閣模式的制度局。他仍然是從中國古典語義而非近代意義的角度來理解憲法，戊戌變法並無君主立憲的動議。

There has been a dispute in the academic circles that whether Kang Youwei forged the memorial from Kuopu Tongwu's 'Reform and Self-strengthening Should Imitate West Country to Set Off House'. According to two new evidences, the memorial should be drafted by Liang Qichao and Kang Youwei. The first one is the high similarity between the memorial and Liang Qichao's article 'A Study of Ancient House', and the second one is that the procedure '(House) reach a consensus and Prime Minister's Yamen submit it: corresponds to the memorial submitted by Kang. During the Wuxti Period, Kang's viewpoints of law and politics changed from supporting the opening of the House to against it. He further proposed to set up System Setting Department which was modeled on the modern Japanese Special Cabinet Model. However, his understanding of Constitution was in essence from the perspective of the classical Chinese semantics rather than in the modrn sense. There was no actual intent of constitutional monarchy in the 1898 Hundred Day's Reform.