The Study Of The May Fifth Draft Constitution

The constructional movement of the Republic of China has an important role in the history of the constructional movement of China. Especially in the period of the Nanking National People's Government, the formulation of the May Fifth Draft Constitution had some mutual representative and research value in the same period. But because of its sensitivity, the academia doesn't do much research into it fully and systematically.The thesis analyzes the background, process, subject context, the legislative technique and the cultural sense of the May Fifth Draft Constitution which writing the base of the research to the May Fifth Draft Constitution and some information interrelated. In 1930s, the Fifth Draft Constitution was drawn up when the country was being in the time of national crisis. Its cultural background was the intense conflict between the west and China cultural, the theory base was theory of "the Three Period of Founding a Nation" of the Sun Yat-sun and its guide principles the thoughts of the "Five Power Constitution". The Legislative Yuan had finished the formulation of the Fifth Draft Constitution by 7 times revised in 3 years. Its values was the national social selfish departmentalism and regulated some important contents, such as the form of state, the rights and duties of people, the power arrangement between the central and local government, the national economy and education, the practice and revise of the constitution government and so on, then the Fifth Draft Constitution had some practicable possibility on that time. In a word, its legislative technique was rather higher than others in the same time due to science subject construction to the constitution and definite legislative rights arrangement. Another, its legislative procedure technique and the examination technique of the legislative organ and the legislative expressive technique all achieved a high level. The formulation of the Fifth Draft Constitution showed lively the conflict and equilibrium between the West and China's cultural and the mix two contraryvalues of instrumentism value and objectivetism value. The interaction of government and the nongovernmental showed during the course of formulation had a important role for its perfecting. The thesis has some describes fully and accurately as can as possible, the author wants to provide much necessary reference and useful research resource for the constructional movement of China on the present age.