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Constitutionalism In City--From Late Qing Dynasty To Republic Of China

Posted on:2011-03-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:G C JieFull Text:PDF
GTID:1226360305983503Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Constitutionalism is the relentless pursuit of modern China, although China’s constitution had some highlight of the course, but generally speaking, is a failure. On failures of the reasons that different scholars from different angles analyzed, but the reasons they summarize are single-faceted and abstract. Therefore, this article investigate process of constitutional government in modern China from the perspective of the city. On the one hand, because of the city means that a specific time and space, this research will study the constitutional and pull to the local reality, thus avoiding the shortcomings of abstract; on the other hand, the city is concentrative, it can integration different social factors and classes into one independent unity, and to explore relationship between the city and the constitutional can avoid one-sided causal shortcoming. From this perspective, the paper launched in four parts.The first part is an introduction, first discusses the significance of topics, including the expansion of the constitutional scope of the study, the introduction of a historical sociology of the analysis, the constitutional perspective of the study Latin America from the universal to the local. Then on the constitutional and have defined the city, and the relationship between the Western constitutional government and the city made a brief statement. Constitutional means of power limitations and the protection of rights, the principles including the principle of popular sovereignty, democratic principles, the principle of separation of powers principles and the rule of law; on the constitutional extension for in this paper, based on the Preliminary Constitutional in the Qing government adopted the "preparations for the list year after year," and Sun Yat-sen’s "Reconstruction" to qualify, including development of the Constitution, local self-government, determine the official system, clean up the financial, civic education and for the purpose of Three People’s Principles various social activities. The so-called city is formed in human history, and to non-agricultural population as the main body of the population, economic, political, culture high degree of concentration of social and material system, lifestyle Syndicated news. Characteristics of the city’s largest heterogeneity between the city people not to the traditional blood, geographical as a link, but to the interests, occupation, living area and other relations link to link. Involved in this as the main basis of modern city by the late Qing and Republican period the city self-government as defined in city law. In the West, the city is the constitutional basis of the occurrence and development of society, the autonomy of the city prepared for the constitutional system of conditions, while the urban population and economic development was constitutional, and provided dynamic, authoritarian state violations of the city self-government is to establish constitutional government The direct cause of the industrial revolution brought about the further development of the city makes the constitutional maturity. In turn, the establishment of constitutional development for the city to create a system environment, and promote the further development of the city.The second part is mainly from a historical perspective of the transformation of modern Chinese cities. Traditional Chinese city of a political nature, from the property, and the characteristics of unity, the city not from the rural and agricultural economy developed independently. After the Opium War, the Modernization of Chinese cities began. Mainly in three aspects of this transformation began in the city highlight the fact that some cities began to distinguish as the Opening and rural settlements, and other cities, out of the agricultural economy can only go beyond the political; followed from the establishment of the city, as urban economic development, changes in social structure within the city, and the political situation changes, the city began to form self-government movement, reflected in national legislation on the city system is officially formed. Finally, the city brought about by changes in the status of the most critical of is the city gradually detached from the rural and agricultural, urban and rural Chinese society began to form the structure of the city has a relatively independent status. The social significance of the transformation of urban social round, first of all means to change the social structure within the city, the new class and class continue to produce, develop and grow, including the comprador class, the bureaucratic bourgeoisie, national bourgeoisie and the working class; followed by Italy means that public sector production, the rapid increase in population led to the field of public affairs and public appearance, which brings the public interest and private interest conflict between, with a consequent such as parks, schools, newspapers and other public areas began to appear. Finally, the city’s transformation means new among intellectuals gathered in the city, through the organization of education, publishing newspapers and organizations learn to spread new ideas.From a macro point of the third part of the relationship between constitutional and cities. As the city’s transformation, the new class and the emergence and development of the class, they want to change the existing social system to adapt to their own development. Various reform movements which emerged. Both are aimed at improving or revolution, its social base is as Westernization Yun Dong, and Late Qing Suo De urban economy brought about the development and the Urban Society changes; but modified and Ge Ming have not reached the objective of achieving Xianzheng Conger failure, this is because the forces of modern Chinese cities in the West, bureaucratic capitalism and comfort of traditional culture under the present imbalance, unhealthy and inadequate development. Constitutionalism is not only reflected the changes the entire political system, but also reflected the needs and changes in detail. With the growing urban community, urban expansion within the public interest, the city began to demand autonomy. From the late Qing Dynasty to the Republic of China, has the rise of a number of self-climax. Although these campaigns have failed to stick eventually, but thought the democratic self-government propaganda campaign to foster the people’s democratic capacity, prepared for the constitutional and social conditions. Similarly, the civil rights movement is in Qing Dynasty began to rise, and the upsurge in the May 4 Movement. Civil rights movement on the one hand the city to express their political views people and demands the way, on the other is a reflection of democracy.The fourth part of the micro perspective of the constitutional relationship with the city, the main choice of the four cities, Beijing, Shanghai, Wuhan and Hong Kong. Beijing is the traditional political center as well as conservative forces in the city together. This has two aspects of the history of constitutional significance, one is a symbol of Beijing as the capital status, making all the forces in Beijing has become the object of contention, particularly the warlords, are occupied Beijing, will extend its authority to the country for the purpose of. The second is Beijing as a city in modern China, its economy has undergone a variety of social and cultural changes in the dissemination of new knowledge to become the main battleground Reform Movement, economic changes for the Beijing municipal reform, autonomy and more prominent, and the new class and the spread of ideas, in particular the rights of the public awareness of the community, compared with 54 movement, rising to prepare the conditions for the civil rights movement. Shanghai society in modern China’s most economically developed cities, especially in its concession tremendous impact on modern China. Shanghai’s rise as the treaty ports and concessions in the city, the concession of municipal management is China’s earliest modern municipal management, on the other city there is a huge impact. The first impact is that Shanghai Hua sector, a sector of modern China and China and municipal self-government pioneer of political reform. As the Shanghai concessions are "state within a state", and gathering more as Shanghai intellectuals, business people and the working class, and thus improve and Shanghai became the center of the revolution, is in the forefront of various civil rights movement. Wuhan modernization began in the early years, Zhang Zhidong, governor of Hubei Province in the period of rapid development, a modern commercial city in China after Shanghai. New class of growth, the spread of new knowledge and new army have laid the foundation for the Wuchang Revolution, Uprising in Wuhan to become the land; the Wuchang Uprising in Wuhan’s development has also provided a historic opportunity. Similarly, the autonomy movement in Wuhan carried out impressive. Although Hong Kong is a British colonial cities, but in 1949, Hong Kong and China’s political, economic and cultural ties are not severed. Since the colonial city, Hong Kong is divided into distinct upper Tutsi community, the Chinese elite and Chinese underworld. Hong Kong’s constitutional system established in the " Letters Patent" and the "Royal Instructions," and gradually form a more perfect constitutional system; the early modern British constitutional exclusion of Chinese participation, but as the Chinese economic power and social advancement, political participation will rise In the late 19th century also began to gradually accommodate the Chinese, but there is always a certain degree of exclusion. As Hong Kong’s free port status, and thus in the Hundred Days Reform and Revolution period, the Hong Kong source, funding source and refuge in the mainland played a role in promoting constitutional government.Finally, the conclusion in Chapter V Part of the Modern Chinese Constitutionalism and the relationship between the city had concluded that the development of the city is the constitutional basis for the development of comprehensive social, and lack of urban development also led to the failure to pursue constitutional government in modern China.
Keywords/Search Tags:Constitutionalism, City, Transfer, Self-government, Civil-rights-movement
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