| The period of the Provisional Government of the Republic of Korea in Chongqing ofChina is not only the most glorious period in the history of the national independencemovement but also the most important period in the Korean constitutional history of theRepublic of Korea. In order to achieve the goal of national independence and restoration ofthe motherland as soon as possible, the Provisional Government of the Republic of Korea inChongqing actively carried out such practical activities as the constitutional amendments, thereorganization of the government and the establishment of ruling party and military, etc. so asto consolidate the legitimate status of the provisional government. Particularly, theconstitutional laws such as the “Provisional Charter of the Republic of Korea” and the“Founding Programme of the Republic of Korea” were revised and promulgated by thelegislative assembly of the provisional government which laid the ideological foundation forthe unity of all parties participating in the Korean national independence movement, guidedthe direction of the Korean national independence movement, drawed the outline of the basicframework about the Democratic Republic of Korea and made constitutional and ideologicalpreparations for the country’s independence and restoration. The author in this thesiscomprehensively studies on the constitutional legislation concerning the Chongqing period ofthe Provisional Government of the Republic of Korea both in theory and in practice so thatfully expounds the traditional revolutionary spirit from the “March First Movement”regarding the national independence and restoration of the motherland, and also discusses theconstitutional orthodoxy as well as the double meanings of the modern nationalism anddemocracy of the constitutional legislation. The full text is divided into five chapters inaddition to the parts of Introduction and Conclusion.Introduction: In this part, the author mainly introduces the research areas, researchsignificance, and current research situation and research methods on this topic.Chapter One: In the first chapter, the author introduces the historical evolution about theProvisional Government of the Republic of Korea. This government can be divided into threeperiods of it. The first period is the time from1912to1932when the Provisonal Governmentof the Republic of Korea was in Shanghai of China. In this period, the Korean nationalindependence movement was rising worldwidely,“March First Movement” led to the climax of the Korean national independence movement. Therefore, in this historical context, theProvisional Government of the Republic of Korea was established in Shanghai.The secondperiod is the migration period of the provisional government from1932to1940. Due to thebombing event occurred at the Hongkou Park of Shanghai, the main members of theprovisional government were forced to leave from Shanghai and transmigrate to other citiesof China, such as Nanjing, Changsha, Guangzhou, Liuzhou, etc.. During the time of migration,as the core institution of the Korean national independence movement, in order to achieve itstarget of national independence, the provisional government reorganized the governmentmembers repeatedly and set up a lot of independent organizations preparing for the Koreannational movement in various regions of China.The third period is the time from1940to1945when the Provisonal Government of the Republic of Korea was in Chongqing. After nearlyeight years, the provisional government finally moved to the Chinese wartime capital ofChongqing. The period in Chongqing was a relatively stable period for the provisionalgovernment, in this period it achieved the unity and unification of both Left-wing andRight-wing parties in the Korean national movement, and laid a solid foundation for realizingthe goal of national independence and restoration of the country.Chapter Two: In the second chapter, the author introduces the background and theguiding ideology of the constitutional legislation in the Chongqing period of the ProvisionalGovernment of the Republic of Korea. In this period, the provisional government consideredthe Korean national independence and the country’s restoration as a goal to achieve, and put itinto practice in constitutional legislation and in governmental reform, those practical activitiesmainly related to the change of governmental regime, the reconstruction of core party and theestablishment of formal military, and so on. Namely the provisional government unified threeKorean parties, created Korean Glorious Army, canceled the “Nine Terms of RestrictiveRulings for the Korean Glorious Army’s Action” and strived for the international communityto recognize the Provisional Government of the Republic of Korea. In addition, the guidingideologies involved in this part of the constitutional legislative practice includes the thoughtof the civilized school in modern Korea, the ideology of “Three Doctrines of People” putforward by the Chinese famous bourgeois revolutionary leader, Sun Yat-sen, the democraticideology of the modern Western bourgeoisie and the socialist ideology of the Soviet Union,under the influence of those guiding ideologies, Zhao Su-Aung, the leader of the provisionalgovernment, formed the ideology of the “Three Doctrines of Equality”, and thus laid the theoretical basis of the legitimacy of the constitutional legislation relating to the ProvisionalGovernment of the Republic of Korea, and guided the reform and development of theConstitution of the Republic of Korea.Chapter Three: In this chapter, the author elaborates the practical activities in theconstitutional legislation of the Provisional Government of the Republic of Korea inChongqing. On the basis of the experiences of three-times constitutional amendments madeby the provisional government in the early stage, the provisional government carried out aseries of constitutional legislative practices such as the fourth and the fifth constitutionalamendments, formulated the “Provisional Charter of the Republic of Korea”, the “FoundingProgramme of the Republic of Korea", the “Act of the Provisional Legislative Assembly ofthe Republic of Korea” and the regulations of parties, military and some other policydocuments, at the same time, the Provisional Government of the Republic of Korea carriedout the reforms and practices in its parties, governmental cabinet, and military in accordancewith the constitutional documents.Chapter Four: In this chapter, the author expounds the characteristics of theconstitutional legislation carried out by the Provisional Government of the Republic of Koreain Chongqing. One characteristic is that the core issue of the constitutional amendments is thechange of the governmental leadership system, namly the change from the cabinet system ofthe Prime Minister to the collective guidance system as well as to the system of the President.In addition, among the constitutional practices during this period, the “Founding Programmeof the Republic of Korea”, as the most representative constitutional law reflects the ideologyof "Three Doctrines of Equality" and is put into legal practice, which is the most prominentfeature. Furthermore, the constitutional legislative activities such as the constitutionalamendments upheld by the Provisional Government of the Republic of Korea always adhereto the constitutional orthodoxy since it was founded, the constitutional practices in Chongqingalso followed the spirit of the legality on the provisional government, and inherit thelegitimacy of the Constitution of the Provisional Government of the Republic of Korea.Chapter Five: In this chapter, the author discusses the value and significance of theconstitutional legislation carried out in the Chongqing period of the Provisional Governmentof the Republic of Korea. First of all, in the meaning of nationalism, the practices oftwo-times constitutional amendments provide the constitutional guarantee for the nationalindependence movement; the “Founding Programme of the Republic of Korea” provides a legal basis for the national independence movement; the legislative practices of parties andmilitary provide the guarantee of political theory for the national independence movement.Secondly, in the meaning of democracy, the author discusses that the constitutional legislativepractice embodies the spirit of democracy and also examines the democratic practice of “partypolitics”. Finally, the author expounds the value about the constitutional legislation in theperiod of the Provisional Government of the Republic of Korea in Chongqing for theConstitution of the Republic of South Korea today. At the same time, taking the “FoundingProgramme of the Republic of Korea” and the “Provisional Charter of the Republic of Korea”as the typical example, the author elaborates the impact of the democratic constitutionalexperiences on the Constitution of the Republic of Korea, and on this basis the Republic ofKorea promotes the constitutional spirit of democracy through focusing on the protection ofhuman rights.Conclusion: In this part, the author makes a summary of the full text, and expounds theunified relationship between the ruling idea of “the trinity of the Provisional Government, theIndependent Party and the Glorious Army” upheld by the President Jin Jiu of the ProvisionalGovernment of the Republic of Korea in Chongqing and the constitutional legislativepractices. |
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