天皇机关说与国体明征运动
发布时间：2018-10-05 19:59
【摘要】：美浓部达吉是日本近代著名的宪法学者,作为大正民主时期代表性的理论家,其主张天皇机关说家喻户晓。1912年,美浓部达吉发表《宪法讲话》,阐述天皇机关说理论,“君主为国家的机关,并且是最高的机关。”同年,与倡导天皇主权说的穗积八束、上杉慎吉师徒展开宪法论争,最终天皇机关说取代天皇主权说成为主流的宪法解释理论,该学说也为以议会为中心的政党政治提供了理论上的支撑,被社会各界广泛接受。以天皇机关说为代表的宪法解释理论试图找到天皇与西方宪政学理上的结合点,用西方的宪政原理解释明治宪法。此种宪法解释理论在绝对的天皇制面前,必然存在着潜在的危险。到昭和初期,兴起了以排击天皇机关说为开端的国体明征运动,该运动要求政府将“天皇是国家的统治主体,日本是天皇统治的国家”这一理念明确地提出来。企图打破“天皇机关说”架构起的天皇与西方宪政的平衡点,将天皇万世一系的地位明确的在宪法中提出来。整合天皇统治和国家宪法,使天皇凌驾于宪法之上,而国体明征运动要求剔除“天皇机关说”,更重要的是压制天皇机关说身后的自由主义以及现状维持派的力量。这场运动同时掺杂着对冈田内阁,重臣集团攻击的势力。最终在政府发布的两次国体明征声明中,天皇机关说被判为犯罪,遭到彻底铲灭。该运动有其深刻的历史背景,也是军部法西斯道路上争夺法理上的领导权的重要一环,近代日本的革新势力、法西斯主义势力也随之不断向前推进。
[Abstract]:As a representative theorist in the democratic period of Taisho, Dadji, the US Ministry of Commerce, was a famous constitutional scholar in modern Japan. He advocated that the emperor's organ theory be a household name. In 1912, US Ministry Dadji issued a speech on the Constitution, explaining the theory of the emperor's organ theory. "the monarch is the organ of the state and the supreme organ." In the same year, he began a constitutional dispute with the eight branches of the emperor's sovereignty theory, and the Master and disciples of Suzuka Shengji. Finally, the emperor's organ said that instead of the emperor's sovereignty theory, it became the mainstream constitutional interpretation theory. The theory also provides theoretical support for the parliamentary-centered party politics, and is widely accepted by all sectors of society. The constitutional interpretation theory represented by the emperor's organ theory tries to find the connection point between the emperor and the western constitutionalism and explains the Meiji constitution with the western constitutionalism principle. This kind of constitutional interpretation theory must have potential danger in the face of absolute imperial system. At the beginning of Zhaohe period, the Ming Dynasty Movement began to attack the emperor, which demanded the government to put forward the idea that "the emperor is the main body of the country and Japan is the state ruled by the emperor". This paper attempts to break the balance between the emperor and western constitutionalism, and to put forward the status of the emperor in the constitution. The integration of the emperor's rule and the constitution of the country puts the emperor above the constitution, and the Ming Dynasty Movement requires the elimination of the "emperor's organ theory" and, more importantly, the suppression of the liberalism behind the emperor's office and the forces of the status quo conservationists. The movement was also mixed with attacks on the Okada Cabinet and the Group of Prime Ministers. Eventually, in two government statements, the emperor's agency said it had been convicted of a crime and completely wiped out. The movement has its profound historical background and is also an important link in the battle for legal leadership in the way of military fascism.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D931.3;DD911
[Abstract]:As a representative theorist in the democratic period of Taisho, Dadji, the US Ministry of Commerce, was a famous constitutional scholar in modern Japan. He advocated that the emperor's organ theory be a household name. In 1912, US Ministry Dadji issued a speech on the Constitution, explaining the theory of the emperor's organ theory. "the monarch is the organ of the state and the supreme organ." In the same year, he began a constitutional dispute with the eight branches of the emperor's sovereignty theory, and the Master and disciples of Suzuka Shengji. Finally, the emperor's organ said that instead of the emperor's sovereignty theory, it became the mainstream constitutional interpretation theory. The theory also provides theoretical support for the parliamentary-centered party politics, and is widely accepted by all sectors of society. The constitutional interpretation theory represented by the emperor's organ theory tries to find the connection point between the emperor and the western constitutionalism and explains the Meiji constitution with the western constitutionalism principle. This kind of constitutional interpretation theory must have potential danger in the face of absolute imperial system. At the beginning of Zhaohe period, the Ming Dynasty Movement began to attack the emperor, which demanded the government to put forward the idea that "the emperor is the main body of the country and Japan is the state ruled by the emperor". This paper attempts to break the balance between the emperor and western constitutionalism, and to put forward the status of the emperor in the constitution. The integration of the emperor's rule and the constitution of the country puts the emperor above the constitution, and the Ming Dynasty Movement requires the elimination of the "emperor's organ theory" and, more importantly, the suppression of the liberalism behind the emperor's office and the forces of the status quo conservationists. The movement was also mixed with attacks on the Okada Cabinet and the Group of Prime Ministers. Eventually, in two government statements, the emperor's agency said it had been convicted of a crime and completely wiped out. The movement has its profound historical background and is also an important link in the battle for legal leadership in the way of military fascism.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D931.3;DD911
【参考文献】
相关期刊论文 前10条
1 张东;;美浓部达吉的宪法变迁论及其政治立场转变[J];东北亚学刊;2015年03期
2 林来梵;;国体宪法学 亚洲宪法学的先驱形态[J];中外法学;2014年05期
3 林来梵;;国体概念史:跨国移植与演变[J];中国社会科学;2013年03期
4 王天华;;国家法人说的兴衰及其法学遗产[J];法学研究;2012年05期
5 吴玲;;“天皇机关说”论争与西田哲学国家观——兼论近代日本国家理论的特征[J];社会科学战线;2012年06期
6 董t犛，
本文编号：2254688
本文链接：https://www.wllwen.com/falvlunwen/falilunwen/2254688.html
