Analysis Of The Reasons For The Failure On Promulgated Constitution At The End Of Qing Dynasty

At the end of Qing Dynasty, China's learning constitutional system from the West came into the concrete practice stage. Being affected by a number of factors, the constitutional construction of this period failed at last. This article analyzes the main reasons of the failure, and hopes to find out the value contents by study on historic problems that are valuable for the current reality.From the perspective of social background, the preparatory constitution was mainly forced by strong powers. Chinese people had no time to take into account the nature of constitutional culture and only focused on finding an imitating constitutional document. Constitution was seen as a tool rather than fundamental demand of democratic politics. The conceptual deviations of value caused many defects in the system establishing process. From view of cultural background, China had lasted more than 2,000 years of feudal monarchy till Qing Dynasty and Chinese culture had deeply rooted in every corner of society. Western constitutional system was unfamiliar to the Chinese community, and was not compatible with the traditional authoritarian system. Therefore, although the dynasty copied the constitutional provisions from the western countries, it cannot copy the cultural environment and democratic atmosphere. Enormous differences in cultural background were the main reasons for the failure of the constitutional construction. In addition, legaltransplants is a long and arduous project, it can never be accomplished immediately. But at the End of Qing Dynasty, China was in peril crossroads, either Promulgation group or revolution group want to succeed quickly. They wanted to use a piece of paper to save the country, while ignoring the various differences between their country and other's. Therefore, they also neglected the necessary steps to resolve these problems. The anxiety caused great departure of the introduction system from social reality. This is another important reason causing the failure to implement constitution at the End of Qing Dynasty.This article makes specific analysis on the above aspects, using comparative method, empirical analysis and historical analysis. Some issues, such as the public constitutional foundation, the awareness of the rules, the cultural mingling process of legal transplants, are still worth discussing in the current legal system in China, and this is the intention of this writing.