國立臺灣大學政治學系Department of Political Science, National Taiwan University繆全吉Miao, C.C.C.C.Miao2017-09-082018-06-282017-09-082018-06-281991-12http://ntur.lib.ntu.edu.tw//handle/246246/281762章太炎雖非政治名家，然其本國學之基礎，為族國之生存發展，既參與革命，又著書立論，有關政論原主其大學問之主體系，所思所言，一片書生報族之熱誠而已；且其自身亦未措意，往往發刊以後，亦不加存錄，而今研讀後人所輯之政論，竟出人意料之豐富。僅憲法觀而言，自始反對代議，以至痛惡清帝，獨裁以及軍閥割據，條理一貫的提出議論，最後落在地方之聯省及中央的行政委員制與五權分立，內容架構，頗為宏大，雖然其所謂之憲法，未必符合憲法學理，仍足以反映一時代的憲法觀。且有獨創之見地，值得再加評估，尤其所提學校一權，倡導學統而不迷信尊孔，顯其精采，而所述五權，考試宜併入行政系統，深契現代行政原理與實務，較中山先生為更符傳統與切合當前人事行政之潮流。至於其所論述立憲與代議之問題，似違民主之原理，然所述之弊病，確在現代民主國家，政治上所經見之事情，足為中國推行民主憲政之參考。Although Jing Tay-Yan is not a great renowned statesman, according to his strong sinological basis, for the existence and development of his country, he does not only participate the revolution, and also publishes several books and articles on politics with his comprehensive literate background. Thus is just what an enthusiastic intellectual can dedicate himself to his motherland. In views of constitution, he stands oppose to the representativism from the very beginning. Being bitterly hating Ching-dynanty monarchy, dictators and country- land being divided by warlords, he consistently proposes his criticism, and finally presents his constitutionalism on joint-provinces in local system with which parallels the administrative committees and separation of five powers in central system. Although his constitution version may not fairly satisfy the orthodox constitutionalists, his framework on constitution is still very magnificent, and seems sufficiently reflecting the constitutional version of his time. Especially, he stresses that should setting the power of schools to be one of the central separated powers. According to his constitutional design on central structure, he insists the examination power should being annexted to the administrative system. This point is deeply compatible with the theories and practice of modern public administration; furthermore even much more compatible with Chinese tradition and the trend of modern personnel administration than that Dr. Sun Yatsen has been advocated. Although some of his essays on constitution and representative are relatively against the democratic essence, most of his criticisms are very often being seen in modern democratic countries. So that his constitutional version is undoubtedly still a very valuable reference for the improvement of constitutional democracy of China.[SDGs]SDG16journal article