Research On Kung-chuan Hsiao's Thought Of Constitutionalism

Kung-chuan Hsiao was well known in china academic for his achievement in politics before 1949, but he had been became unfamiliar to public gradually since he was went to America in 1949. The impact of his academic only limited in Hong Kong, Taiwan and Chinese academic in the United States. Today, Kung-chuan Hsiao was known to mainland academics only for his limited understanding of the "History of Chinese Political Thought" in 1997 and translated and published "Modern China and a new World, Kang yu-wei, Reforms and Utopian". "The Complete Works of Kung-chuan Hsiao " was published and filled to many large bookstores shelves only not long before, but the further academic of his and himself are still unknown to the public. Generally speaking, Kung-chuan Hsiao was a very important person in the history of modern China academic. His rigorous scholarship, the virtuous has been well commendable; his profound ideological, academic-minded respected by the academic community. Such an important Scholars only have little understanding by the mainland, had to said with some regret. In this article, a brief introductive to Kung-chuan Hsiao was made firstly according to my knowledge, Kung-chuan Hsiao won the reputation as "integration of the east and west academic", published his constitutional comments and suggestions in magazines, periodicals, journals, formed his own non-partisan constitutional concept based on unique theory foundation. Then analyzed Kung-chuan Hsiao's early thinking of the constitutional based on "Constitutional and Democratic" with the development of constitutional construction of Republic of china.The structure arrangement of the full dissertation as following:Foreword, brief introduction to Kung-chuan Hsiao firstly, give emphasis to the domestic research status toward to Kung-chuan Hsiao and the scope of the study.First part, introduce the political ideological background, knowledge background, and the fundamental standpoint on which Kung-chuan Hsiao observed and analyzed the basic constitutional position; Second part, with the larger space on the fundament comment on the constitution of republic of china, on the discussion on the state system, on the expatiation of democracy and freedom, generally speaking, improve people's constitutional thought and turn them into the habit of nationals. Mainly from three areas to address: 1.the conditions constitutional needs : the reunification of the country and an independent, democratic and free society foundation;2.negate the "political training", and advocates the implementation of the constitutional in the process of improving the quality of the people and oppose dictatorship, embraced democracy ; 3. help people understand the constitutional through its own interpretation of West constitutional meaning.The third part is focused on analysis of Kung-chuan Hsiao implement the constitutional government in practice, after the constitution sketch out, all the parties should to uphold the attitude of tolerance, to mutual compromise, entered the national constitutional state actively under such form, become a modern democratic constitutional state as soon as possible. Late in the War of anti-Japan, Kung-chuan Hsiao hope that China will become "a center of the worlds democratic" after the war, put forward their ardent hope for the political parties, the authorities at that time, as well as the review of election.Part four is the main summary evaluation to Kung-chuan Hsiao's constitutional thought, he was not only a political scientist, but also a public opinion at that time has a certain impact intellectuals. As a political scholar at the complex social background that time, he remains insisted "multi-party" objective point of view. He put forward its own humanistic care for China constitutional status that time, and their own strength to introduce the Constitution to justice, and promote the implementation of the Constitution in China, showed a scholar hoped that China would enter the ranks of constitutional democracy and positive appeal. As well as the characteristics and orientation of his constitutional thinking, the significance of historical progress of constitutional thinking, and its limitations.From the above four detailed parts, Kung-chuan Hsiao's attitude toward the political reality of China and the world at that time were detailed explained and analyzed, and the constructive comments made for the Constitutional Movement at that time were explained and analyzed as well. Finally, show the selection objective of the thesis topics, attempt to research and analysis the society that time according to Kung-chuan Hsiao's constitutional thinking, hope to explore the thinking of the modern constitutional development and the promotion of the rule of law in constitutional and make some useful attempts and contributions to our country.