术语“临时约法”的详细信息

英译术语:

Interim Constitution

汉语语境:

辛亥革命后，共和甫立，西方的代议制第一次在中国落地。革命党为限制袁世凯独裁专制，颁布《临时约法》，由于时间仓促，仅用一个月时间制定的约法在政体规划层面存在重大缺陷。总统府和国务院权限不清，立法权力过重，行政权无法和立法权抗衡，形成畸形的二元中枢体制架构。

英语语境:

After 1911 Revolution, republic just establishes and western representative system is put into practice in China for the first time. In order to limit Yuan Shikai's dictatorship, the revolutionary party purposely promulgates Interim Constitution. The Interim Constitution, which is promulgated in one month because of the limited time, has fatal flaws in the respect of regime plan: power division between the presidential palace and the State Council is unclear, the legislative power is excessive, and the executive power is unable to contend with the legislative power. All these lead to the abnormal structure of dual central system.

英译术语:

Provisional Constitution

汉语语境:

由军阀权力控制出台的《中华民国临时约法》一直是后人批评的对象。军阀立宪反映了中国自有“法统”以来，传统一元权力思维模式自上而下传递的实质没有发生改变。反思以军权政治为特征的《中华民国临时约法》，可以为当今宪政建设提供相当的借鉴作用。

英语语境:

The Provisional Constitution of the Republic of China Era was a target of criticism as it was issued by military power. Constitutionalism of military power reflected that the traditional essence of unified Law authority transmit from top to bottom was not changed, since China had "Legally constituted authority”. Reflecting on The Provisional Constitution of the Republic of China Era which was characterized with politics of military power, can offer suitable reference for constructing constitutional government today.