Handicap Between Theory Of Rule And Circumstance Of Nation

The notion of modern nomocracy came into China in the end of Qing Dynasty, but it is only in the early time of Republic of China was nomocracy be put in practice.The success of"Xinhai Revolution"and the foundation of the government of Republic of China symbolized Confucian political tradition being eliminated from official political system which was substituted by liberalism political system. Reform principle"Chinese doctrine-as-a-purpose, western doctrine–as-a-tool"was not important any more. But, it is impossible for human thinking to develop in a break way. Confucian was still working in Chinese political practice in a latent way."The Second Revolution"is one of the milestones in modern history, while"Case Song Jiaoren"is the cause of the it. My aim is to analyze the state of nomocracy in the early time of Republic of China from"Case of Song Jiaoren", and explore the connection of law and politics, Chinese thinking way in the Chinese political practice, and also to disclose the reality and the fate of Chinese constitutionalism.There are four main chapters of the thesis: Chapter One Theory of Rule and Circumstance of Nation: An Analysis of Chinese Modern ReformFinding the Dao of rule, is Chinese core problem in the last thousands years. The Case of Song Jiaoren is one of the important events in Chinese nomocracy development, which reflect comprehension bifurcation in the theory and circumstances. Theory and circumstances are venation of Chinese modern reform, which aimed at the constitution political system according to circumstances of the nation. Chinese modern nomocracy was just put in practice in this time. The principal problem is constitutionalism. Why our China choosed constitutionalism? What is good constitution? What is standard of good constitution? These are the main questions we must solve. Chinese choose constitutionalism in order to make our country rich and strong,which has been proved by many scholars. Rich and strong are he standard of good constitution which are more important than freedom, equality and civil rights. Different understanding of Theory of rule and Circumstances of Nation cause different evaluation in the connection of Rich and Strong and civil rights, Xinhai Revolution and the republic.Chapter Two The Bifurcation in the Theory of Rule and Circumstances of Nation: Law and Political Situation in the edrly time of the Rpublic of China Conflicts caused by political bifurcation are more and more drastic.The constitutionalism system requests all the things are ruled by law. The solution of the Case of Song Jiaoren brought us not only bifurcation of theory ,but also commonness of thingking. We can find traditional thinking in the situation of the constitutional blank and faintness from review of the nomocracy state. In this chapater, we will make an analysis on the notion of nomocracy, political system, social organization,and juristic order.of the time before Case of Song Jiaoren, and also disclose the political bifurcation between all the parts.Chapter Three Difficult Choice after Hesitation Before Theory and Circumstances: Controversy on the Case of Song JiaorenEvil government and bad law are two opposite conclusion from the review of Chinese nomocracy practice,which will influence the new government and constitution. The case of Song Jiaoren made the confilct become acute. Different solutions came out from different parts. Controversy on how to solve the case came into being in Kuomintang: one claimed resolving by law, the other insisted violence. Huang Xing believed the first choice is a proper one. Constitutionalism.will hold back revolution in some way. It is a difficult historical problem for nomocracy or quasi nomocracy country that if people have the right of revolt.especially in the Republic of China. Humanism, dominion,rich and strong, orderand justice are different class in different peoples'view. Different notion of freedom, power and nomocracy make it impossible to manage to a accord. The theory of"Tangwu Revolution"is the base of revolt, some claimed resolving by law is a legitimate way, the others insisted revolt will be resultful. Zhang taiyan claimed the combination of these two.ways. None of the effort of accommodate or compromise worked,so the Second Revolution happened.in a traditional way.Chapter Four New Unification of Theory of Rule and Circumstances of Nation: Traditional thinking's continue in the political practice after the Second RevolutionThe Second Revolution was the end of the Case of Song Jiaoren. Constitutionalism was still continued, though it was never a real one. President used A new theory of rule replaced latitudinarianism by Yuan Shikai,who believed it will more adaptive. Morality, but not law, became the highest authority in Yuan Shikai's theory of"morality-as-a-purpose, law–as-a-tool", law is only a tool of politics. A infinite power president came out, the base principle of nomocracy was abandoned. It is rooted in Confucian and legist. The twelve years Man on horseback poitics was still influenced by this notion. Chinese people in latter-day have consistent notion to reform,but bifurcation in the connection of civil right and rich and strong,revolution and republic was always brought because of different understanding of theory of rule and Circumstances of Nation. Handicap between theory of rule and circumstance of nation was never vanished. XInhai Revolution was cause by the controversy in the end of QIng Dynasty, bifurcation in the early time of the Republic of China cause the Second Revolution. Controversy in the yeaes of Yuan Shikai's unitarianism and Man on horseback poitics are also because of different understanding of the theory of rule and circumstances of nation. The understanding of theory was in faintness, estimation of circumstances was also in branching, which cause a disordered condition.