一、问题的提出中国对宪政的集体性追求,始于1894年甲午战败后对国家政制的反思,从那时起宪政作为救亡图存之“药方”开始被搬上历史舞台。~([1])虽然孙中山的共和立宪之路与改良派的君主立宪之路几乎同时开始~([2]),但是就中国近代宪政探寻总体演进发展道路而言,大致经历了由君主立宪到共和立宪的转变,并最终在革命派手中建立了中华民国。辛亥革命的胜利, First, the question put forward China’s collective pursuit of constitutional government began in the aftermath of the defeat of 1894, the constitutional government’s reflections on the state’s constitutional system. Since then, constitutional government has been put on the stage of history as the “prescription” of saving the nation. Although Sun Yat-sen’s constitutional road to constitutionalism started almost at the same time as the reformist monarchy constitutional constitution, [2] the general constitutional development of modern Chinese constitutional exploration has generally gone from constitutional monarchy to republicanism Constitutional change, and eventually established the Republic of China in the hands of the revolutionary. The victory of the Revolution of 1911,