本研究系以张知本五权宪法思想及其人生宪法事功作为主要分析对象,研究方法系以文献分析法为主。同时讨论张知本的宪政思想,在横跨清朝末年至台湾地区的变迁轨迹。张知本是民国时期杰出宪法学家与政治人物,他毕业于湖北武汉两湖书院,接受传统儒家思想薰陶,科举过程顺利,并受清末主政两湖名臣张之洞赏识,奠定其儒家法学的中华文化底蕴。张知本考取清朝帝国公费留学日本奖学金项目,放弃师范学教育课程改习法学,在日本法政大学速成班攻读,通过日本当时法学养成教育接受西方近代宪政主义观洗礼。学术上,张知本历任武昌大学、中华大学、上海法政大学等校任教,著作丰富,尝试以自己所受系统性法学教育思维解读孙中山五权宪法思想。在政治上曾参与辛亥革命,是湖北起义军政府司法部长,为官公正,注重司法独立审判。当选国会议员参与民国宪法起草,亦受立法院院长孙科任命为立法院宪法委员会副委员长。张知本长期担任司法机关首长职务,行政法院院长、司法行政部部长,故对司法权有其独到见解。由于曾跟随孙中山革命事业,在充分继受孙中山五权宪法思想外,融合自身对于宪法学理解与实际政治运作的看法,是张知本五权宪法思想与主张的特色。张知本是杰出的法学家,为当代中国重要的政治家及思想家。他一生致力于学术工作和司法工作,促成民主政治实现。张知本推崇儒学,长期以来主张中国的法律立足于本土政治文化,而非毫无限制学习西方法学。張知本一生经历中国近代政治变化最剧烈的时期,中国国家利益遭到外国侵占。在险恶的政治环境下,他更能坚持孙中山的宪法学说。张知本与中国宪法有深厚的渊源,其主张宪法支配国家政治活动,并保障人民权利,在中国宪法史上具有学术研究价值。张知本一生的核心关怀,在於思考替中国制定合适的宪法。他认为中国需要具有特色的宪法,避免军事干预政治。通过孙中山宪法思想影响,其宪法思想围绕五权宪法展开。第一,张知本主张五权宪法作为政府制度设计蓝图。与西方宪法内容不同,五权宪法结合中国传统政治制度,针对官吏考核更加广泛。第二,张知本认为国民大会相当于国会,掌握国家最后决定权,监督并控制政府。第三,五权宪法将国家治理权力归属五个机关,是分工合作的关系。第四,地方自治是民主政治基础,宪法应保障。
This research department takes Chang Chih-Pen's five-power constitutional thought and his life constitutional deeds as the main analysis object, and the research method is mainly based on document analysis. At the same time discuss Chang Chih-Pen's constitutional thoughts, which spanned the trajectory of changes from the end of the Qing Dynasty to Taiwan. Chang Chih-Pen was an outstanding constitutionalist and political figure in the Republic of China. He graduated from Lianghu Academy in Wuhan, Hubei. He received the influence of traditional Confucianism. The imperial examination process went smoothly. He was appreciated by Zhang Zhidong, a famous official in the two lakes in the late Qing Dynasty, and established his Confucian law of China Cultural heritage. Chang Chih-Pen was admitted to the Qing Dynasty Imperial Scholarship Program for Studying in Japan at Public Expenses. He gave up normal education courses to study law. He studied in the crash course of Hosei University, Japan. He received the baptism of modern Western constitutionalism through the Japanese law education at that time. Academically, Chang Chih-Pen has served as a teacher in Wuchang University, Chung Hwa University, Shanghai Hosei University and other schools. He has rich books and tried to interpret Sun Yat-sen's five-power constitutional thinking with his own systematic legal education thinking. In politics, he participated in the Revolution of 1911. He was the Minister of Justice of the Hubei Uprising Army Government. He was fair for officials and focused on independent judicial trials. Elected Member of Parliament participated in the drafting of the Republic of China Constitution, and was also appointed by the President of the Legislative Yuan Sun Ke as the Vice-Chairman of the Constitutional Committee of the Legislative Yuan. Chang Chih-Pen has served as the head of the judicial organs for a long time, the president of the administrative court, and the minister of the Ministry of Justice and Administration, so he has unique views on judicial power. Since he followed Sun Yat-sen's revolutionary cause, he fully inherited Sun Yat-sen's five-power constitutional thought, and integrated his own views on constitutional understanding and actual political operation, which are the characteristics of Chang Chih-Pen's five-power constitutional thought and proposition.Chang Chih-Pen is an outstanding jurist and an important politician and thinker in contemporary China. He devoted his life to academic work and judicial work to promote the realization of democratic politics. Chang Chih-Pen's advocates Confucianism and has long advocated that Chinese law should be based on local political culture, rather than unrestricted learning Western methodology. Chang Chih-Pen experienced the most drastic political changes in modern China in his life, when China's national interests were invaded by foreign countries. In a sinister political environment, he can better adhere to Sun Yat-sen's constitutional doctrine. Chang Chih-Pen has a deep relationship with the Chinese Constitution. He advocates that the Constitution governs the country's political activities and protects the rights of the people, which has academic research value in the history of the Chinese Constitution. Chang Chih-Pen's core concern throughout his life is to think about formulating a suitable constitution for China. He believes that China needs a distinctive constitution to avoid military interference in politics.Through the influence of Sun Yat-sen's constitutional thought, his constitutional thought was developed around the five-power constitution. First, Chang Chih-Pen advocates the five-power constitution as the blueprint for the design of the government system. Different from Western constitutions, the five-power constitution combines the traditional Chinese political system to assess officials more extensively. Second, Chang Chih-Pen believes that the National Assembly is equivalent to the National Assembly, which holds the final decision-making power of the country and supervises and controls the government. Third, the Five-Power Constitution assigns the power of state governance to five agencies, which is a relationship of division of labor and cooperation. Fourth, local autonomy is the foundation of democratic politics, and the constitution should guarantee it.