Chinese Constitutional Movement Under National Crisis

This dissertation is mainly focused on the subject of the1930s’ Constitutionalism movement due much to the importance that the author think it should deserve to emphasize. Although there existed diverse significance in terms of historical research, the author insisted on the academic one to be the priority we take into account.Firstly, the1930s’ Constitutionalism movement was an essential of the Constitutionalism movement in Modern China, functioning as the connection link between1920s and1940s, the transitional significance of which is obviously embodied here. The profound research concerned with it would be beneficial for systematization and integration of The Constitutionalism movement in Modern China.Secondly, this research promotes our understanding about characteristics the modern China reflects particularly in the historical context.0, one of crucial problems China society encountered was to resolve the intensifying aggravation of National Crisis after the Mukden Incident. All the policies and measures Chinese governments carrying out cannot avoid being acclimatized into the practical requirements of China during that period, and the Constitutionalism Movement was no exception. Therefore, the most common slogans then was,"A man must despise himself before others will, One country must crusade against itself before others will.", in other words, self-disdain should be solved before resisting foreign aggression, in order to relieve the gradually-serious national calamity, rejuvenating the whole nation was a must, immediately constitutionalizing government turned into the political prerequisite in regards to that breakthrough. This is the inner logic why the liberal intellectuals urged the implementation of constitutionalism in1930s. Compared with previous and following ones, the1930s’ Constitutionalism movement representing its own identities:(1)it is the consequence under the collaboration and mutual-influence between Kuomintang and liberal intellectuals.(2) there isn’t any agreement pertaining to constitutionalism among the domestic persuasions, even in the internal group of liberalism when discussing the effect of constitutionalism.(3)one of the outcomes this30s movement resulted in than originally expected was to estrange Kuomintang with liberal intellectuals instead of strengthening their contacts as the familiarization continues between them. This estrangement reversely lay a foundation for cooperation between Communist Party and Kuomintang after outbreak of anti-Japanese War, which was surprisingly beyond their previous intentions.Thirdly, this research will benefit the academic study,especially filling the gaps. In the meantime,this subject will research the different thoughts’ controversy in which the emphasis is not the movement itself but the transformation of thoughts on the platform of the Social Welfare Tientsin. Therefore, this subject places particular emphasis on history of thoughts rather than history of politics.This article is divided into two main parts:1、The Kuomintang’s constitutionalism activities. First of all, it’s the transformation from the outline of Political Tutelage to making the Provisional Constitution, including the analysis of Taiyuan Provisional Constitution and Provisional Constitution of Political tutelage stage, which points out that Taiyuan Provisional Constitution is more Superior than that of Political tutelage stage in the matter of people’s rights guarantee. At second, with the increasingly severe national crisis, the Kuomintang internal clamor for the constitutional government began rising. The reformist of the Kuomintang required constitutionalism executed immediately, while the mainstream, even if they were not against, advocated it should go slowly. As a result, the was a wide controversy over constitutionalism. What’s more, after the Fourth Plenary Session, the Legislative Assembly dominated by Sun Fo started the work on the draft liberal constitution. Thus the Kuomintang constitutionalism activities reached its climax.2、The folk Constitutionalism Movement. Firstly, at the beginning of the establishment of Nanjing national government, the liberal intellectuals has launched a criticism of the party-state system. Secondly, the Mukden Incident resulted to unprecedented national calamity, which triggered the widely development of folk constitutional movement and strengthened the criticism of the Kuomintang more further. Thirdly, a comprehensive critique of the Kuomintang’s political tutelage theory was put forward. Moreover, around the draft constitution, the liberal intellectuals raised their theory and construction scheme. Finally, in the occasion of the national crisis, although not in favor of the Communist Party’s theory and policy as well as armed struggle, the liberal intellectuals insisted on the legal existence of the Communist Party and advocated to unit all the Parties including the Communist Party to resist Japanese.