Brief Discussion On Conference On The Republic Of China Provisional Constitution

Conference on the Law is the national legislature single-handedly created by Yuan Shikai,who is about to tear up the Republic of China temporary provisional constitution and establish the imperial system.Yuan rules in China's modern history up to 16 years the Northern warlords,which is the beginning of the feudal regime of the Republic of China.During this period,the northern warlords rulers all claim for Republican and Progress,while actually standing on their cannons,creating their autarchy,and treating democracy and law system as toys in hand.In order to build the rule of dictatorship,they tend to crowd out the fight against the revolutionary party members,control cabinet,and even their own law-making authority as the national legislature in order to create a state's fundamental law fully meets the political dictatorship.Tramples on democracy and the rule of law spread wildly during the reign of warlords in the Chinese political arena.Conference on the Law is the clue that the Northern Warlords implement the dictatorship through the establishment and control of national legislation with power under the name of democracy.The "Conference on the Law" is the studying object of this paper.First of all, we analyse the cause of the Conference on the Law through the background of the early years of the Republic Council:after the end of the second revolution,because of the defeat and defection of the Revolutionary Armed Forces during the KMT Yuan crusade,struggle between the Yuan Shi-kai and the bourgeois Kuomintang forces temporarily remains dormant.The Northern Warlords headed by Yuan Shikai forces at this time has the right of absolute control over the Central Government in Beijing."Provisional Constitution" is the representation of interests and a concentrated expression of the will of the bourgeoisie,in particular its revolutionary dispatch in the provisional government of the Republic of China at the time,so Yuan has to implement the dictatorship through the change of the "Provisional Constitution",the fundamental law which would alter the national political system. On January 1914,Yuan convened the provincial officers,and formed his "political meeting" with bureaucratic warlords,feudal remnants and Progress Party members designated by him,in order to make permanent solutions for the issues of Congress and legislation that constraint his power.The meeting announced its decision: establish an Ad Hoc Conference on the Law as the legislature beyond advisory department and ordinary law-making authority.Conference on the Law is mainly a concil of constitutional legislation and its references and amendments attached. Although this authority is based on the selection of members nationwide elections,it is in fact a tailor-made organization of political tool by Yuan Shikai for bureaucratic politicians serving him.Conference on the Law between March 18,1914 and March 18,1915 frame the "Law of Republic of China","Organic Law of Senate","Electoral Law of the President",which are Yuan's political will under the skin of law.As its consequences,the Republic of China has almost lost all her characteristics as a modern democratic capitalism country.The pattern of the executive,legislative and judicial powers is broken and replaced by the totalitarian presidential system. President's executive powers override the country high above the legislative and judicial powers without any effective restraint.According to the Electoral Law of the President framed by the Conference on the Law,the President even has the power of life tenure and the possibility of a hereditary system,all of which are the arrangements for the vain attempt,establishment of Yuan's empire.Conference on the Law is a product of the struggle among various political forces,a political tool entirely controlled by Yuan Shikai,and preparation for Yuan's restoration of monarchy.However,Conference on the Law was never able to achieve Yuan Shikai's fantasy,the construction of the Empire.History makes its way through twisting turns and spiraling process,and thus anything against the historical trend of development can not long survive and develop.When the history of China comes into the 20th century,although the capitalism in China,representing the advanced productivity,is less developed,the bourgeoisie is weak,the democratic awareness among people is dim,and the understanding of democracy and republicanism is rare,which provide temporary convenience for Yuan to destroy the spirit of a truly democratic republic of the Republic of China temporary provisional constitution;,and constructed with a paradox in the spirit of the Democratic Republic the "the Republic of China provisional constitution".But when the history of China into the modern times,with the spread and impact of the Western bourgeois political culture in China,combined with the political and ideological baptism Revolution on the Chinese,Yuan Shikai's restoration act is against the development of Chinese society of the 20th century,resolutely resisted not only by the Revolutionary Party members,the people through the Revolution baptism,but even the groups in the warlords that have fully supported him.Therefore,the imperial system paintakingly constructed by the Conference on the Law came the collapse, and meanwhile Yuan Shikai led himself to the dead-end.The enactment of Laws established by the Conference on the Law has not extend beyond two years before it was abolished with Yuan Shikai's failure of the restoration.