Constitutional Research Institute

The constitutionalism in late Qing dynasty in the early 20 th century, have opened the gate of the political modernization in China. in order to co-ordinate and promote the preliminary constitutionalism reform, the Qing government set up a a special temporary agency called the Constitutional Compiled and Investigation Bureau. This bureau established in 1907 and merged in 1911. The Constitutional Compiled and Investigation Bureau throughout the constitutional process as the “key position of the constitutional government”, which has been designed and promoted a lot of preliminary constitutionalism reform measures, Such as included the entire constitutional preparatory planning, designed and established "quasi parliamentary organizations", promulgate the “ Imperial Constitution Outline”,compiled and redacted a large number of laws and regulations, carried on the reforms of judicature independence as well as center civil service system. When the Constitutional Compiled and Investigation Bureau carried on a series of Constitutional localization based on the example of Japan 's constitutional, The behavior of these reforms has showned a lot of different samples, even in some of these reform measures also appeared in a self contradictory situation. On the basis of a large amount of historical data, this paper attempts to analyze the dynamic analysis of the Constitutional Compiled and Investigation Bureau, To tease out the specific behavior of the Constitutional Compiled and Investigation Bureau in different reform measures as well as the appearance of these behaviors. Summed up the Constitutional Compiled and Investigation Bureau in the reform of the role and contribution On the basis of the research on the concrete reform measures of the Constitutional Compiled and Investigation Bureau, and to reflect on the state of the behavior of its reform, then find out the difficulties encountered by the Constitutional Compiled and Investigation Bureau in the process of constitutional process, and explore the mechanism of these difficulties and the factors behind them, Finally, take a view of the Constitutional Compiled and Investigation Bureau itself to dig its deficiencies in the process of this Constitutional reform.This paper is divided into eight parts, including the introduction, one to six chapters and the conclusion. The whole structure of the main body of the thesis is the first chapter introduces the background and the establishment of the Constitutional Compiled and Investigation Bureau, The second chapter details the basic situation of the Constitutional Compiled and Investigation Bureau, and then the three four five chapters are discussed the Constitutional Compiled and Investigation Bureau's specific reform measures,The sixth chapter discusses the contribution of the Constitutional Compiled and Investigation Bureau in these reforms, the difficult position it faced and then carries on reconsidering to the Constitutional Compiled and Investigation Bureau oneself.The introduction part introduces the purpose and significance of this study, combing the current domestic and international research status of the Constitutional Compiled and Investigation Bureau, and introduced the research methods, research ideas and innovation of this paper.In Chapter I. The start of the provisional constitution making and the establishment of the Constitutional Compiled and Investigation Bureau. This chapter is mainly introduced the background of the establishment of the Constitutional Compiled and Investigation Bureau and the processt of he establishment. The content consists of two parts: The first part discussed about the the concept and act of Qing government before the Constitutional Compiled and Investigation Bureau established, find out the Qing government why and how started the preliminary constitutionalism, demonstrates the preliminary constitutionalism in the late Qing Dynasty is the Constitutional politics with Chinese characteristics or Constitutional government in China: The second part discussed about the process of the Constitutional Compiled and Investigation Bureau's establishment and the predecessor of the Constitutional Compiled and Investigation Bureau, the Significance of the act that tranform from Inspection of political Bureau to the Constitutional Compiled and Investigation Bureau.In Chapter II. The organization and function of Constitutional Compiled and Investigation Bureau. This chapter mainly carries on a detailed introduction and the static analysis to the Constitutional Compiled and Investigation Bureau, there are three parts in this chapter : part one is a detailed introduction to the organization structure of the Constitutional Compiled and Investigation Bureau, including the internal organization and the external support organization: the second part details the composition of the Constitutional Compiled and Investigation Bureau staff and the constitution of the staff structure, and then analyzes the structure of the staff: the third part focuses on the status of the Constitutional Compiled and Investigation Bureau, what the function it has, and then analysis of the Constitutional Compiled and Investigation Bureau's organizational design and the Constitutional Compiled and Investigation Bureau's constitutional functions are matched.In Chapter III. The establishment and evaluation of the Constitutional Compiled and Investigation Bureau to the preliminary constitutionalism. The Constitutional Compiled and Investigation Bureau is responsible for plan the whole of the late Qing Dynasty constitutional arrangements and responsible for the examination of the implementation of the various departments, but in this process, the form presented as the gradual arrangement and the active implementation. This chapter focuses on the discussion of the Constitutional Compiled and Investigation Bureau in the planning and supervision of the whole preliminary constitutionalism, discuss the various controversies about the preparation time in the face of the formulation while making the nine year preparatory constitutionlism implementation of preparatory matters list as well as the reasons and content of the list change. Study on the problem that constitutional plan and the ability to prepare the country does not match which reflected in the process when the Constitutional Complied and Investigation Bureau examing the constitutional preparation. Then reveals and demonstrates the form that from progressive to radical of the Constitutional Compiled and Investigation Bureau in the process of formulating and implementing the whole constitutional plan.In Chapter IV. The Constitutional Compiled and Investigation Bureau and the drafting of the two constitution text. One of the most important initiatives of the Constitutional Compiled and Investigation Bureau in the late Qing Dynasty prepare constitutionalism was drafting the“Imperial Constitution Outline”, but the bureau show a conflict in the process of drafting that protect the monarchical power or limited the monarchical power in the text. This chapter study from the "Imperial Constitution Outline", take the drafting process and content of the outline as the research object, compare the performance of the outline in power protected and power limited, demonstrate the cause of this state. Then take the contention for constituent power before drafting the constitution code and the drafting process of the Constitutio n in the later stage of constitutionalism as the content, to further discuss the role of the Constitutional Compiled and Investigation Bureau and the status of the protection and limitation of the monarchical power when the Constitutional code was drafting.In Chapter V. The Constitutional Compiled and Investigation Bureau and the Constitutional reform in the prepare constitutionalism. The reform of the institutions is carried out in accordance with the principle of separation of the three powers in accordance with the requirements of the outline by the Constitutional Compiled and Investigation Bureau in the preliminary stage of constitutional monarchy in the Late Qing Dynasty, including the establishment of the Provincial Assembly, to reform the judicial independence and set up the responsibility cabinet, As for the advisory council be the predecessor of the Congress, although it is not set up by the Constitutional Compiled and Investigation Bureau, but it has been in a state of power disputes with the Constitutional Compiled and Investigation Bureau in days to come. This chapter take Provincial Assembly, the Advisory Counciland the twice administrative system reform as the object, to discuss the dispute between the Constitutional Compiled and Investigation Bureau and the Advisory Council about the scope of legislative power in the First Session of the Advisory Council, combing the design and promotion of the Provincial Assembly by the Constitutional Compiled and Investigation Bureau as well as the setting and restriction of civil rights when the bureau establishing the Provincial Assembly, demonstrate that the Constitutional Compiled and Investigation Bureau is in the process of setting up the Council to maintain the monarchical power and the civil rights struggle for power. As for the twice administrative system reform in the late Qing Dynasty, study on the difficulties and efforts in the reform of judicial independence after the establishment of the Constitutional Compiled and Investigation Bureau in the first administrative system reform since 1906, expounds the role of the Constitutional Compiled and Investigation Bureau for the judicial reform in the whole of the late Qing Dynasty. For the 1911 reform contents are mainly about "The cabinet system" and "the cabinet office Interim Regulations" drafting by the Constitutional Compiled and Investigation Bureau. analyze the reasons behind the differences between the two texts. and then demonstrate the impact of the interests of the parties in the reform on the Constitutional Compiled and Investigation Bureau. I also study on the set of Bi de court which build at the same time of the cabinet, Discusses the structure and composition of Bi de Institute members and the specific functions of the organization. Through the comparison with the responsibility of the cabinet authority to demonstrates the agency's restrictions on the cabinet, reveals the intention and the original intention in the design of the organization for Constitutional Compiled and Investigation Bureau and the Rulers of Qing Dynasty.In Chapter VI. The contribution, dilemma and review of Constitutional Compiled and Investigation Bureau. This chapter is a summary and reflection on the various reform measures of the Constitutional Compiled and Investigation Bureaus discussed in the previous chapters, the content mainly includes three parts. The first part is to summarize the contribution of the Constitutional Compiled and Investigation Bureau in the preparation of constitutionalism, the Constitutional Compiled and Investigation Bureau in formulating preparatory constitutional plan, drafting the text of the constitution, parliament setting and reform of bureaucracy have made different contributions. The second part is the study of the difficulties encountered by the Constitutional Compiled and Investigation Bureau in the implementation of these measures and the reasons behind it, included reflect on the state that in the formulation of the preparation of the constitutional plan from progressive to radical, exploring the logical relationship between state power and the reform: reflection on the status of the power limitation and protection in the drafting of the constitution text, demonstrate the reason for the unharmony between absolute monarchical and monarchical power constitutionalizing in the Qing Dynasty: reflect on the state that the civil rights struggle with the monarchical power in the process of setting the Provincial Assembly by the Constitutional Compiled and Investigation Bureau as well as the struggle between the Advisory Council and the Constitutional Compiled and Investigation Bureau, demonstration of civil rights and the monarchical power in the late Qing Dynasty can not to "alliance" becaues of the lack of the main body of the social middle layer and the absence of the top down and bottom up reform: summarize the contribution of the Constitutional Compiled and Investigation Bureau in the administrative system reform, and reflect on the reasons of the Constitutional Compiled and Investigation Bureau's differences measures in the administrative system reform, analysis of the state of the negative-sum game of the Constitution in the late Qing Dynasty, and discuss the relationship between the state of power is difficult to achieve the balance of confrontation and the culture of centralized power. The third part is a review of the Constitutional Compiled and Investigation Bureau itself, analyzes and discusses the reason why the Constitutional Complied and Investigation Bureau has been presented in the above mentioned states in addition to the external reasons discussed in the chapter, The bureau's own internal factors also affect the constitution of the bureau's every measures, which reflects the misunderstanding of "constitutionalism" due to the influence of traditional culture and the loss of legal transplant and system construction in the process of local constitutionalism, these self factors and external reasons in the process of seeking political modernization in the late Qing Dynasty effect together to make the Constitutional Compiled and Investigation Bureau always caught in a dilemma, and finally led to the failure of the preparatory constitutionalism.The last part is the conclusion, the main content of this chapter is to make a summary of the state, the contribution, the predicament and the reasons behind the whole process of the Constitutional Compiled and Investigation Bureau.