The Study Of The Provisional Constitution In The Political Tutelage Time

The constructional movement of the Republic of China has an important status in the history of the constructional movement of China."The provisional constitution in the Political tutelage time of the Republic of China"was used as fundamental law for the longest time in the history of the Republic of China, The formulation of which had some representative and research value in this period. But because of its sensitivity, the academia doesn't do much research into it thoroughly and comprehensive. The thesis analyzes the background, legislative process, legislative technique, subject context and enforcement which writing on the base of the relative research and some information .The author wants to provide much necessary reference and useful research resource for the constructional movement of China on the present age.In I928, the Northern Expedition completed and Political tutelage began. Kuomintang government needed provisional constitution urgently to stipulate people's rights and obligations and government's jurisdiction. Taking Sun Yat-Sen's political tutelage theory as the thought foundation and the guiding principle, the provisional constitution Drafting Committee finished the formulation In short more than month time. Its legislative technique was rather lower from the aspects of legislative body, process and express. Its values was the national selfish departmentalism and regulated some important contents, such as the rights and duties of people, Kuomintang's national status, the national economy and education, government's organizational structure, the power arrangement between the central and local government, local self-government, the practice and revise of the provisional constitution and so on. The practice of provisional constitution not only was restricted by content, but also was influenced by the political situation, economic development's level and cultural tradition, which presented a complicated situation. In a word, Kuomintang implemented the provisional constitution, carried out the political tutelage, which had obtained certain result but couldn't achieve the anticipated target and realize the smooth transition from political tutelage to constitutional government.The author thinks During the transforming society from traditional to modern,the political tutelage has its rationality, but also has the intrinsic contradiction. The provisional constitution and its practice betray to Sun Yat-Sen's political tutelage theory and thus made the crisis of the constitutional system. Under internal disorder and foreign invasion environment, Short of the supporting function of its organization,Kuomintang did not realize the political Tutelage completely, and Instrumentalism constitution values blocked the enforcing of the political Tutelage as well. So in 1935,it still couldn't surpass itself to get to the constitutionalism. Chiang kai-shek managed to propel the political Tutelage with military force and his own dictatorship, but was condemned by the people and lost the public supporting. The political Tutelage had less and less room to be conducted.