The Thoughts Of Constitutionalism In Independent Critique

In 1930's there is a group of intellectuals who studied in Europe and America, then return to their motherland-------China. They trained by liberalism and influenced by democratic constitutionalism, understood the value of constitutionalism for the development of nation. Because of this reason, in their minds there is a principle for progress of nation, which is to reform Chinese political system into constitutionalism. These intellectuals are professors and scholars who come from universities and institutes of northen China. They are elites, and have a strong sense of responsibility for nation. In order to complete"a few people's responsibility", they hold a magazine------Independent Critique, with independent spirit. They reliably express their thoughts without relying on any politic party or having any blind faith on preconceived ideas. This dissertation tries to study the thoughts of constitutionalism in Independent Critique, and expects to fill the academic blank of research for Independent Critique.The dissertation tends to provide possible benefit for the research of modern constitutionalism history in China.This dissertation is divided into six parts according to constitutional thought. In the six parts, the first part introduces the aim of Independent Critique to be issued, the next five parts are about explaining, and analyzing its constitutional thoughts on target, means and value of constitutionalism.Independent Critique was held by Hushi and other liberal intellectuals, obviously it has the character of liberalism. Meanwhile it was issued at the risky time of national calamity from"September 18th Event" to"Lukouchiao Incident".The writers of Independent Critique looked forward to both personal liberty and social progress as they have to face the pressure of rescuing nation. Because of this reason, their political comments mingle with liberalism and nationalism.In the aspect of target component, the constitutional thoughts of Independent Critique convey that it takes the personal liberty and social progress as its goal. The writers of Independent Critique hope the framework of constitutionalism could be constructed by series rules-------the system of rule by law. The basic of rule by law is that there is a constitution which is focused on protecting rights and limited powers. The constitution is the starting point of constitutionalism. When there is a constitution; there is protection of rights, and personal liberty, wholeness of personality of nation. Only this kind of nation could help forward the development of state. In brief, Independent Critique focuses on two factors: material and human being, one is constitution, and the other one is civil rights and liberty.In the aspect of means component, Independent Critique focuses on the way of Chinese constitutionalism while there is a rising appeal of ending political tutelage, beginning to constitutionalism. How could China adapt the democratic life and political life after political tutelage? How could China end up warlordism, come up to unity of nation, and then have a strong government to deal with the international situation? In order to answer these questions, there is a long discussion about democracy and autocracy. Under this discussion, autocracy is supported by Jiang Tingfu and Ding Wenjiang, they believe the unity of politic power is a way out of national difficulty, and the autocracy is the necessary stage of unity. Democracy is asserted mainly by Hushi, he insists that it is not necessary to keep united politic power by autocracy, only democracy is the hope for China. At the same time, they discussed the reform of Chinese politics as well.Considering party government or rule by law, they discussed which way is better for national unity and solidarity. Some of them supported party government as a good way for solidarity. In the contrary, some of them approved rule by law as a good way for raising the will of people. Furthermore, for the preparation of constitutionalism, the writers emphasized on beginning of constitutionalism from the city, cultivating the quality of democracy, establishing representative government system, they asserted"Democracy training is the practice of democracy". In a word, for the method and the way of constitutionalism, there are conflicts and consensus among the writers of Independent Critique.Considering the constitutionalism view of Independent Critique, the writers pay attention on what kind of government can meet constitutionalism. Because western constitutionalism includes the mode of limited government, and has the principle of rule by law, all of these are the resources of government system. However, China only has the tradition of autocracy for more than two thousand years, and was then suffering the critical time.Would it take protecting rights or forcing the power as the core became debatable. Furthermore, the relation between central government and local government has been the important link for nation unity and construction. For this reason, the writers put forward different ideas, for instance, the negative government or positive government, centralization or decentralization.In the aspect of value component, the writers of Independent critique regard personal liberty as the ultimate concern of constitutionalism, and then take it as a core to design the constitutional government. They think that the function of constitutionalism is to protect rights; the premise to reach the function is a fine environment of rule by law, and then the rights and liberty could become true in the fine environment. Only this state in which the civilian have personal liberty can get achievement.Although there are different attitudes to accept or reject the theories and experiences of western society among the writers, they insist that China should go on the way of constitutionalism; although they suffered the conflict of ideal and reality, current situation and traditional heritage, individual innovation or social innovation, they still keep their belief for constitutionalism.