導向立憲──戊戌時期康有為變法綱領的性質再探

Toward Constitutionalism: A Re-examination of the Nature of Kang Yu-wei’s Reform Program during the Wuxu Period

戊戌時期康有為（1858-1927）的變法綱領雖經歷了從開議院到暫緩開議院的轉變，但皆可導向一個「君主立憲」的現代國家。在倡導開議院時期，康有為提出開國會、定憲法公私之分的主張。其議院觀與民權觀密切相聯，由於內含民權，議院不僅作為通下情的工具，而且是內含現代價值追求的制度。在暫緩開議院時期，康有為試圖設置制度局及其變種機構來推進變法。這些變政機構儘管不是由選舉產生的民意機構，依然是根據權力分立而設計的議政機構，也是作為制定憲法的機構。不過，康有為過於強調議院或變政機構的重要性，未注意到當時歐美國家行政權與立法權相互制衡的色彩。他倡導的民權側重於民眾的整體性權能，不同於近代能與國家抗衡的個人自由和權利。他已然認識到立憲在變法中的根本地位，持有一種旨在平衡君民之權限的憲法觀，不同於當時一些歐美國家憲法對君主或總統權力的刻意制約。戊戌時期康有為的變法綱領與近代西方政治制度或觀念既有相同之處，又存在些許差異，展現了多元現代性的理念。研究戊戌時期康有為的變法思想，既需要克服中西等同的一元化敘事模式，又需要摒棄中西對立的二元化分析方式。

Although Kang Yu-wei’s康有為(1858-1927) reform scheme in the wuxu戊戌(1898) period changed from advocating the opening of a parliament to postponing such an opening, it could have led to a modern country under a constitutional monarchy. When advocating the opening of the parliament, Kang Yu-wei proposed the idea of holding a congress and establishing the separation of public and private in a constitution. His view of the parliament was closely related to his view of civil rights. Because of the inherent nature of civil rights, the parliament was not only a tool for compromise, but a system for pursuing intrinsic modern values. While the opening of the parliament was suspended, Kang Yu-wei tried to set up a Bureau of Institutions and its variants to promote reform. Although the Bureau of Institutions was not elected, it was still a deliberative body designed according to the principle of separation of powers, one which could formulate a constitution. However, Kang Yu-wei overemphasized the importance of parliament or parliamentary organs, and did not pay attention to the checks and balances between executive and legislative powers in European and American countries at that time. The civil rights he advocated focused on the overall power of the people, which was different from individual freedom and rights. He had already come to realize the fundamental position of constitutionalism in the reform of the law. In his view, the constitution was aimed at balancing the power of the monarch and the people, which was different from the deliberate restriction of the power of the monarch or the president found in the constitutions of some contemporary European and American states. Kang Yu-wei’s program of reform and the political systems and concepts of the modern West have both similarities and differences, demonstrating multiple modernities. To study Kang Yu-wei’s reform scheme during the wuxu period, it is necessary to overcome the unified narrative of Chinese and Western equivalence, and also to abandon the dualistic analysis method of Chinese and Western opposition.