Research On The ZheJiang Province Constitution

The tide of thought of United-province Autonomy and the Movement of Province Constitution were the rage in the China in the early 1920’s,and makes up of the unique sight of the history of constitutional thought.The trend of thought of United-province could not be blocked off for its ferocity,and it was so fierce that the Movement of Province Constitution was commonly regarded the "only way to save China".Under the influence of the trend of thought of United-province Autonomy,more than ten provinces include ZheJiang province in China started to make province constitution.Making constitution in ZheJiang lasted a long time and carried through violently.There were many constitutional texts and appeared a riot colours,but at last became a bit of waste paper.Rereading the colorful history of constitution making in ZheZheng and the big content of province constitution makes us surprise.There should be three factors in the producing the United-province Autonomy and Province Constitution:firstly,institution viz province institution,secondly,thought viz federalism,thirdly momentum viz provincial particularism.Scholars commonly connect United-province Autonomy to federalism,and recognize the federalism as the basis of the thought of United-province Autonomy only.In fact,there are others such the basis of institution and the inter want from the reality.If we ignore these factors,we can’t grasp the real reason of United-province Autonomy and Provincial Constitution.As far as United-province Autonomy and Province Constitution considered,provincial institution is the attachment of federalism,and at that time if federalism evolved a kind of trade of thought at last,there must be a real power.The provincial particularism is the power.There is a kind of relationship among federalism,provincial institution and provincial particularism:provincial institution as an inter monument drive the federalism go ahead continually,and at last develop a violent gust of United-province Autonomy and Province constitution in China.Under direction of the aforesaid,we can explore the production and development of province constitution in ZheJiang.Rudiment of modern provincial institution in ZheJiang has been appeared in later Qing dynasty,and at that time there established consultation bureau, judicial system etc.After the foundation of Republic of China,TangShouqian,as a leaded of ZheJiang,set up the Army government,made the Provisional Constitution,and established the provisional parliament.The political situation was very turbulent after that,but the provincial institution keep stable,which provided the institutional basis for provisional constitution.As far as the thought considered,modern ZheJiang came into contact with west institution and culture earlier.ZheJiang,called "the state of culture",there were a lot of gentry promulgated new thought from the west by the establishment of school and newspaper,and Trade in ZheJiang is the famous one.There were many of persons with ability who accepted the federalism.As far as monument considered,the right of province appeared in late Qing dynasty,with the development of industry and commerce,the provincial particularism was became strong more and more,which provided vigor power for province constitution.There had been drafted out three kinds of constitution which were "Nine-Nine Constitution","Three Colors Constitution" included Red Constitution,White Constitution, and Yellow Constitution,and Province Autonomy Constitution in ZheJiang."Nine-Nine Constitution" and Province Autonomy Constitution in ZheJiang were examined and publicized,and the later was be implemented still.There are a lot of constitutional drafts and the contents are huge.Some of the drafts are same,but some are not."Nine-Nine Constitution" was be publicized earlier than any other province constitution,and was drafted by legal leagues joining."Three Colors Constitution" was drafted firstly by all the people,so many people was entering the constitution making that it surprise us much.The first two failure of making constitution in ZheJiang encountered the dream of autonomy setback,but the people of ZheJiang were not stop and continue to make constitution,and Province Autonomy was made not long time.The doctrine of provincial autonomy was adopted in constitution making in ZheJiang. The end of the doctrine was to confirm the provincial autonomy power,which on one hand was made to plan the union of China,on the other hand could the develop the welfare of the ZheJiang’ persons."Nine-Nine Constitution" established a lot of rights,such as equal right, body right,property right,communication right,housing right,migration right,religious belief freedom,speech freedom,business freedom,litigation right,vote right.The system of rights were completed and the provision were advanced."Nine-Nine Constitution" was set up five kinds of organs which were Provincial Parliament,Nomarch and Provincial Administration,Court,Supervisory Organ,Audit Organ.The five organs control and balance each other,and show the principal spirit of Three Powers Separation and the virtues of Five Powers Constitution."Nine-Nine Constitution" stipulated elaborately education,industry etc.The Movement of Province Constitution in ZheJiang happened in special history period, and special circumstances,and was operated by some strong men who actually hold power and formed a reticular relationship.The strong men included warlord,provincial parliament, nomarch,legal leagues and some gentry in ZheJiang.Warlord LuYongxiang and SunChuanfang joined into the constitution making in ZheJiang just for purpose of winning the heart of the ZheJiang’s persons and keep the domain which they had reigned.Lu had not courage to practice the constitution and become "an empty talk without deeds" at last.Sun boosted about the United-province Autonomy,but weapons after the autonomy.Talking autonomy with Sun was just like "asking a tiger for its skins".The second and third parliament of ZheJiang province went into bad step by step,and made the constitution making become a tool to making money.Nomarchs,warlord and parliament formed a reticular relationship,but whether antagonizing,co-operation,or war,they had nothing to accomplish the cause of making constitution.The time of the movement of Province constitution in ZheJiang was long.It lasted 8 years from the decision which councilors had made to the disappearance of autonomy government.There were so many kinds of constitutional drafts that they reached to more than one hundred,and the movement of province constitution would be continued.Constitution making in ZheJiang go bad and bad from "Nine-Nine Constitution" and "Three Colors Constitution" to "Province Autonomy".No how matter changed the faces of constitution, ZheJiang’s dream of autonomy became far and far away.Under the democracy activism bestirring,ZheJiang persons were in crazy condition to pursuing to constitution.They expected to get the union of nation,the peace of region and welfare of people,but at the war time they became impossible.An elaborate designed constitution turned a scrap paper.Democracy in west could conduct good constitution and constitutional system,but democracy in China got the chaos and disorder.If we further explore,we can conclude that the United-province Autonomy and the Movement of Province Constitution was advanced by a group of persons at that time.The essential of the trend of thought of United-province Autonomy and Movement of Province constitution is separation of power between centered government and local government.Scholars in China magnify the power stemmed form federalism without measure. Federalism is taken regarded a tool or tactic to separate power,never a political ideal and end to union China.Federalism is important indeed,but it is just a exotic thought.The real problem in China is not federalism,but the relationship between centered government and province.So it is better to express the Province Constitution in separation of power than federalism.We can conclude from the Movement of Province Constitution in ZheJiang that Province Constitution is an attempt to separate power between centered government and province under the influence of west federalism,which the basis of institution is province,the monument is provincial particularism,and the end is construction of a union country like a federalism.