The Changing Of Constitution And The Transforming Of Central Government In Modern China

The Constitution, borrowed from western countries, is not a product of Chinese tradition. In the dual role of internal and external factors, China has gradually formed a modern constitutional system with distinctive ethnic features after a long-term pursuit.This paper investigates four relationships between the Changing of the Constitution and the Transforming of Central Government with constitutional theories, and points out that the fundamental driving force of changes of constitution is the people, the basic approach is political practices of the central government offices. Then, this paper explores Modern China’s constitutional history, sums up the dual nature of its changing rules, that’s to say, formal rules and substantial rules are not the same. The constitution in modern China is a instrumental, text romantic and military decisided constitution, whose constitutional meaning is stripped. Finally, this paper analyses its cultural gene, pointing out that Unity of the Higher and the Lower is very important in Chinese tradion. Only this, rulers could be mandated by the Cod, and then obtain Regime Legitimacy and gather the people. In Modern China, Unity of the Higher and the Lower is strongly emphasized as a path of mobilization of political organization system, the constitution is nothing but an intermediate stage’s proof method of Regime Legitimacy, whose constitutional meaning is stripped. And, the Constitution is considered as a declare file of the regime.Specifically speaking, this paper is composed of an introduction, the main body and an epilogue. The introduction shows the object, significances, privious results, approaches and structural arrangements of this paper, and builds a theoretical framework; the main body is composed of three parts:general theory, historical overview and conclusions. The following is a brief description of the main body of this paper.Chapter One is the general theory. It investigates the four relationships between Changing of the Constitution and Transforming of Central Government with basic constitutional theories:first, chapter One analyses related concepts, then analyses relationships, and get conclusions at last. Conclusions of chapter One are, the fundamental driving force of changes of constitution is the people, including the people of the "entity" who have the ability of conversation and determination and the people of the "procedual" which promotes effective communication between the elite and the masses. And the basic approach is political practices of the central government offices. Central government offices supervised by the pepole use lawful way to achieve changes in the Constituion and their own transformation.Part Two is composed of four chapters. Four sections constitute chaper Two, the chapter first investigates history of constitution concepts in Modern China, then analyses changes of central government in Late Qing Dynasty with regulate and historical methods, finally analyses the two different constitutional systems of the Qing Dynasty. Chapter Three is composed of three sections, section One inspects operation of central government and changes of the constitution under the "Provisional Constitution", section Two investigates operation of central government and changes of the constitution under the rule of Yuan Shikai’s Power Politics, section Three first gives a overall description of central government and changes of the constitution under the rule of Taketo, then analyses a case. Chapter Four is composed of four sections, section One shows Update of the Chinese interpretation of the Constitution, section Two inspects party system, central government systems and changes of the constitution in the period of Political Tutelage, section Three analyses changes of central government systems and the consitution since the War of Resistance, section Four investigates the relationship between Changing of the Constitution and Transforming of Central Government in the period of Political Tutelage first, then give a description of the challenges of the Party-State System. Chapter Five first investigates historical sources and system design of 1947 Constitution, then deeply analyses Changing of the Constitution and Transforming of Central Government under 1947 Constitution.Part Three has only one chapter—chapter Six, composed of two sections. Section One sums up the dual nature of changing rules of Changing of the Constitution and Transforming of Central Government in Modern China first; Section Two then analyses cultural gene of this phenomenon, pointing out that Unity of the Higher and the Lower is strongly emphasized as a path of mobilization of political organization system in Modern China, the constitution is nothing but an intermediate stage’s proof method of Regime Legitimacy, whose constitutional meaning is stripped.The last part of the whole paper is the epilogue, which first overviews changes of the constitution and reforms of central government since the founding of the P.R.C, then obtains three inspirations combined with experience and lessons of China’s constitutional history.