A Constitution-Making Model In China

In the Late Qing Dynasty,constitution Establishing begins.On May 5,1936,the "National Republic of China Constitution Draft" promulgated by the Nanjing KMT Government.It is well known as the "May-Fifth Constitutional Draft" and could be described as a landmark in constitutionalism history in China.The domestic studies on "May-Fifth Constitutional Draft" are quite abundant and these mainly focus on the history of the constitution-making movement in Republic of China,the thoughts of the drafters of the "May-Fifth Constitutional Draft" and the "May-Fifth Constitutional Draft" and other constitutions during the Republic of China Comparative study.The highlight of this paper is to explore the constitutional process of the "May-Fifth Constitutional Draft" according to the time clue.The constitutional process of the "May-Fifth Constitutional Draft" can be listed into five periods: preliminary draft period,drafting period of the first draft,revision period of the first draft Reviewer,first draft completion period and revision and promulgation period of the draft.Investigating the five periods could help us to understand the constitutional context of the "May-Fifth Constitutional Draft" and to clarify the status of each constitutional convention.The gains and losses for the "May-Fifth Constitutional Draft" were also investigated to clarify the status and influence of the "May-Fifth Constitutional Draft" in the history of constitutionalism in China.This article is divided into seven sections:The introductory section briefly describes the meaning and the philology basis of the topic.This paper reproduces the constitutional process and explores the legalist?s efforts contributed in the constitutional activities.In the perspective of philology,the legalists in the constitutional activities and the later study of the "May-Fifth Constitutional Draft" mainly focused on the ideas and systems,but not interested in the constitutional process of the "May-Fifth Constitutional Draft".In the second part,the main goal is to explore the constitutional background of the "May-Fifth Constitutional Draft".From the constitutional movement in the late Qing Dynasty to the constitutional draft of the "May-Fifth Constitutional Draft" in the early Republic of China,there were many constitutional documents.The combing of these documents is also the basis of the text of the "May-Fifth Constitutional Draft" in the historical sense.The article explores the reasons for the formulation of the "May-Fifth Constitutional Draft" based on three aspects.First,the limitations of the era and provisions of the Law of the Republic of China on Political Consultation.Second,the situation within the party and public opinion.Third,the situations in the era of the Republic of China.The third part mainly studies the preparation of the "May-Fifth Constitutional Draft".From January 1933 to April 1933,it can be called the preliminary draft period of the "May-Fifth Constitutional Draft".During this period,it mainly focused on several aspects.First,the “Legislative Yuan” established the “Constitution Drafting Committee”.Secondly,the drafting procedure,time schedule and convener of the "May-Fifth Constitutional Draft" were determined.Third,the “Committee Committee” discussed the important issues of the constitutional group and determined the principles of constitution drafting.From the establishment of the "Constitutional Court" to the process of determining the drafting of the constitution,and then to the discussion of the principles of drafting the constitution,it took a total of more than three months to meet twelve times,and finally determined the twenty-five principles of the drafting.It mainly involves six aspects,the general outline,the rights and obligations of the people,the National Assembly,the central and local equal rights,the central political system and the local system.The fourth part studies the drafting of the first draft of the "May-Fifth Constitutional Draft".From May 1,1933 to March 1,1934,the draft of the first draft of the "May-Fifth Constitutional Draft" was drafted.After Wu Jingxiong completed the draft of the first draft of the Constitution of the Republic of China,Sun Ke designated seven keynote members as the trial Reviews,based on the draft of the first draft of the Constitution of the Republic of China,after 18 Reviews of the Review of main drafters.Later,it was drafted into the "Draft Draft of the Constitution of the Republic of China",and then it was discussed 11 times by the Constitutional Commission to complete the "First Draft of the Constitution of the Republic of China".The fifth part will discuss the revision of the first draft in detail.The revision period of the first draft Reviewer was from March 22,1934 to June 30,1934.The "Legislative Yuan" established the "First Draft Reviewer Committee of the Constitution",presuming that the preliminary examiners first sorted out the opinions of all parties,and distributed the summary of the draft of the first draft of the draft constitution to the examiners for reference.At the second meeting,the convenor of the group was presumed to convene the members of each group to Reviewer the first draft of the draft constitution.After the Reviewer is completed,submit it to the Reviewer committee.After the discussion,the "Amendment of the First Draft of the Constitution of the Republic of China" was formed.With the completion of the "Amendment of the First Draft of the Constitution of the Republic of China",the drafting of the draft constitution has also ended.The Legislative Yuan set out to Reviewer the amendments to the first draft of the Constitution of the Republic of China.The sixth part examines the Reviewer process of the “Legislative Yuan” on the“Amendment of the First Draft of the Constitution of the Republic of China”.From July1934 to October 1934,it was called the first draft completion period.The "Legislative Yuan" re-announced the "Amendment of the Constitutional Reviewer".This time the draft is much less than the previous criticism,but the Chinese still put forward many opinions.In response to these opinions,the Legislative Yuan again ordered Fu Bingchang,Lin Bin,and Tao Luqian to reorganize the opinions of the parties,and finally adopted 23 pieces to compile a compilation of the Summary of the First Draft of the Constitution.According to the "Compilation of Amendments of Amendments",the "Legislative Court" has held seven meetings and discussed one by one from the 68 th meeting of the Third Session to the 74 th meeting to form the "Draft Constitution of the Republic of China".The seventh part mainly studies the process of the two revisions of the Constitution of the Republic of China by the Kuomintang Central Committee.This process is called the revision and promulgation period of the constitutional draft and is divided into two stages.The first phase was from November 9,1934 to October 25,1935,for the Kuomintang?s initial amendment to the draft constitution.After receiving the "Draft Constitution of the Republic of China",the KMT Central Committee convened the "5th Plenary Session of the Fourth Central Executive Committee of the Kuomintang" to discuss the "Draft Constitution" and decided to form a Reviewer committee for the draft Constitution.After discussion at the first,second and fifth meetings of the "5th Plenary Session",four Reviewer procedures were finalized and relevant principles were concluded and submitted to the "Central Standing Committee" for Reviewer.The "regular meeting" has established five principles to be amended by the "Legislative Yuan".The "Legislative Yuan" sent Wu Jingxiong,Fu Bingchang,and Ma Yuchu to Reviewer and amend the draft constitution.After the "Legislative Yuan" meeting twice,the third draft of the "Republic of China Constitution Draft" was adopted.The second stage was from November 1,1935 to May 18,1937,to re-enact and promulgate the draft for the Kuomintang.After the “Legislative Yuan” submitted the second draft of the Constitution of the Republic of China to the KMT Central Committee,the KMT Central Committee convened the “Sixth Plenary Meeting of the Fourth Central Executive Committee” and decided to organize the Reviewer committee to Reviewer the constitutional draft.After Reviewer,the Reviewer committee submitted its opinions to the "KMT Fifth National Congress." After the study of the "KMT Fifth National Congress",it was also submitted to the "5th Central Central Executive Committee" for discussion.After the discussion of the "5th Central Central Executive Committee",two opinions were formed and sent to the "Legislative Court" for further Reviewer based on the two opinions.After several meetings of the "Legislative Yuan",the "May-Fifth Constitutional Draft" was formed.In the last part,the article summarizes the constitutional gains and losses of the "May-Fifth Constitutional Draft" from the aspects of form gains and losses and substantive gains and losses.The gains and losses in the form of investigation mainly include the drafters,the composition of the drafting committee,the length of the constitution,the number of meetings,and the number of articles.The substantial gains and losses of the investigation mainly include the participation of the people,the gains and losses of the protection of rights,the gains and losses of the establishment of the political system,the gains and losses of the constitutional political power,the gains and losses of legislative technology,and the restrictions on the employment of military personnel.Through the above research,we have a clearer understanding of the formulation process of the "May-Fifth Constitutional Draft" and have a good understanding of the achievements and shortcomings in the constitutional process of the "May-Fifth Constitutional Draft".