毛泽东晚年宪法观发展嬗变探析

建国后,毛泽东亲自领导制定了1954年宪法,从而构建了“五四宪法”这一新型的法统体系,初步实现了自青年时期以来他所追求的以革命手段来确立人民法统的愿望。在此基础上,1956年前后,毛泽东对民主宪政道路继续作了艰难的探索,形成了许多理论成果。但是,随着社会主义改造的迅速完成和社会主义建设的大规模开始,人民民主专政的精神实质在国家权力运行中却没有能够继续完全得到贯彻落实。“人治”因素逐渐在毛泽东思想中占有重要地位,其原因主要有中国宪政文化先天不足的客观因素,也有毛泽东主观上对宪政、法治的作用认识不足等的主观因素,当今克服其对宪政认识不足的方面,发扬其宪法思想中的精华是新的历史任务。

A Study on the Development of Mao Tse-dong's View of Constitution in His Late Years

After the establishment of People's Republic of China,the 1954 Constitution was made under the leadership of Mao Tse-dong and a new system of law was established.Mao Tse-dong's goal of establishing law system by the means of revolution,which he started pursuing from his early age,had come true.On the basis of this,Mao Tse-dong made great effort to further probe the way of democratic constitutionalism and formed many theories before and after 1956.However,with the accomplishment of socialist transformation and the beginning of large-scale socialist construction,the essential spirit of the people's democratic dictatorship was not well carried out in the activities of state authority and "the rule by man" principle gradually took an important place in Mao's thought as a result of the inherent deficiency in Chinese constitutionalism culture and Mao's ignorance of the role of constitutionalism and the rule of law.The new historical task lies before us today is to overcome the shortcomings of Mao's ignorance of constitutionalism and develop the quintessence of his thought in constitutional government.