北鬼三郞《大淸宪法案》新探

Abstract

《大淸宪法案》于1909年出版后, 在日本反响寥寥, 在中國则民间和官方都有较多关中。 有证据表明, 淸季與民初官方制宪时, 都曾參考此书。该书提供了一种立法、司法、行政、监察四权分立的宪政方案。这一思路, 與孙文类似。该书作者北鬼三郞, 出生于日本富山县, 1904年成为法學士, 1908年初完成该书初稿, 同年秋完成手抄稿《大淸宪法案理由书》。从初稿到手抄稿到正式出版物, 均有值得注意的修改。虽然北鬼氏宣稱寫作此书纯粹是出于硏究學问, 但从《大淸宪法案理由书》的存在, 尤其是此稿的例言中对某位"阁下"特表"敬意"來看, 他至少有借此书引起中國高层重视的动机。《大淸宪法案》之后, 北鬼氏还撰寫了數篇文章, 其所关注的问题, 有些是对《大淸宪法案》的延续。

After the publication in 1909, The Draft of Constitution of Great Qing received little response in Japan, while great attention in China, among both the folk and the government. The evidence has shown that the establishment of the constitution in the late Qing Dynasty as well as the early Republic of China had both referred to this book. The constitutional plan, a separation of legislative, judicial, administrative and supervisory powers, was supplied in the book, which was similar to that of Sun Yat-sen. Kitaoni Saburo, the author of the book, was born in Toyama County, Japan, who got his bachelor of law degree in 1904, completed the first draft of the book in early 1909, and finished the manuscript of Explanation about The Draft of Constitution of Great Qing in the autumn of the same year. Some notable changes could be found from the first draft to the manuscript and then to the official publication. Although Kitaoni claimed that the target of this book was purely for academic research, he seemed meant to be drawing the attention of China's top executives from the existence of the Explanation itself, especially the statement-"respect" to some "lord" in the introduction. After publishing the book, Kitaoni also wrote several articles, including some continuous concern of the book.