Study On The Constitutional Theories Of Wu Jing-xiong

The constitutionalism movement of China has been commenced from the late Qing Dynasty,and it began the difficult process in the time and space of particular history. History is a continuous river,the constitutionalism construction of China is still forging ahead,now we need to turn the hour hand just a little,then see the past that was not faraway There,we see Wu Jing-xiong,"Draft Constitution of Wu".Wu Jing-xiong is the first great world-class master of jurisprudence in modern China,his works and thoughts should be concerned and valued by us.However from the1940's,Mr.Wu transferred his concern away from the law,his articles and thoughts have also been forgotten in China.Although in recent years,we have already seen some works about his jurisprudence,but the research about his constitutionalism and the constitutional theories are rare.At the same time,it's just the important thing that we can't ignore if we want to study Mr.Wu who is the important planner for China's legal system. Therefore,the text selects "Draft Constitution of Wu" as the bridge which is an important composition in Wu's life,in order to study the great master who is trying to surmount the east and west.We deconstruct and integrate his constitutional theories through the text,then we will analyze the gain and loss of his theories,in order to make up the inadequate research which is about "Draft Constitution of Wu" and constitutional theories,we expect to make a great contribution to more people and the constitutionalism construction of China.This dissertation consists of an introduction,four chapters and a conclusion.In the introduction part,it brings out the theme that Mr.Wu's draft constitution and constitutional theory,they occupy an important place in his legal career.Here,we speak of the glorious life of Wu Jing-xiong briefly,in order to concentrate on the main points.Chapter two:The draft and announce of "Draft Constitution of Wu".This chapter consists of the draft of "Draft Constitution of Wu" and the main content of "Draft Constitution of Wu"."Draft Constitution of Wu" was announced because of the trend of the times.For the sake of standing up to foreign aggression,saving our country,and the enthusiasm of "stopping internal affairs,carrying out constitutionalism" ran high,the Kuomintang eventually decided to carry out constitutionalism.Wu Jing-xiong who had been world-renowned was just taking part in the constitutionalism.The "Draft Constitution of Wu" which implements "the Twenty-Five principles" in the establishment expect to the first chapter "general principles",the last chapter "the ensure for constitution",other chapters are all in accordance with "the Three Principles of the People".As to the content,it takes "the Three Principles of the People" as the meridian line and "the Five Power Constitution" as the parallel,concluding "keep the territorial integrity","pay attention to the international trend","the development of the race","guarantee of right","national assembly","the equality of rights system","the public finance system","economic system" and "national education","the ensure for constitution" and so on.In brief it's a draft constitution that "conforming to national condition,suiting the public sentiment,containing the essentials and don't disobey the convention".Chapter three:The main content of constitutional theories within "Draft Constitution of Wu".In order to excavate Wu's constitutional theories which are scattered and lacking systemize,this chapter combine the western usual constitutional theories,then refine and integrate the constitutional theories of "Draft Constitution of Wu" from six aspects,they are "the national property","the development of race and international trend","the human rights","the political system","economic constructing and national education" and "the implement and ensure for constitution".Through the excavating,we believe that the constitutional theories of Mr.Wu are not only rich in contents,but also resourceful,deeply and full of spirit of times,at the same time,it indicates the intention of compromise between China and the west.However,the constitutional theories of Wu are lack of systematic constructing and integrated expression,also lacking enough original,but all of this are not enough to weaken the worth of his thoughts.Wu Jing-xiong was opening to the external world,he believed positivism in jurisprudence and he was in a state capitalism condition,so he chose instrumentlism.Although Mr.Wu was compromise probably,the process and results of drawing up a constitution not only the cultural choice,but also the political choice.Chapter four:The ideological foundation of "Draft Constitution of Wu". Everything has cause and effect,so theories also have source and course.When Mr.Wu drew up a constitution,he didn't make a car without the basis,Sun Yat-sen's constitutionalism theories could be thought as the designer of the "Draft Constitution of Wu",Wu were always loyal to his constitutionalism theories.On the whole,there were three aspects influence:"the Three Principles of the People","the Distinction of Rights and Functions"," the Five Power Constitution".The "Draft Constitution of Wu" was both conforming to the state of the nation and complying with the trend of the times. As the representative figure who was very learned of the times,he concerned the west legal traditional lastly,and he felt the west constitutionalism theories deeply.Now that constitutionalism comes from the west,we want to draw up a constitution and carry out constitution just like the west,we have to acquaint with its system,find out its theories, understand its origin and hold its spirit.Chapter five:The influence of the "Draft Constitution of Wu".When the "Draft Constitution of Wu" was published in newspapers,personages of various circles had different comments,each sticks to his own version or argument,the styles were diverse. However,from the first "Draft Constitution of Wu" to the last "May Fifth Draft Constitution",it took three years and experienced seven revised drafts.From the beginning to the end,how much influences and differences between the first and the last? Here we concentrate on the introduction of the idiographic revised course,and compare them with the contents of the "Draft Constitution of Wu",in order to find out the accepted degree of the "Draft Constitution of Wu" and Wu's constitutional theories,at the same time,understand the cause of differences.In the end,we consider the legislative ideas and legislative technique of the "Draft Constitution of Wu" all achieved a high level,it's a considerable level draft constitution. We believe that the constitutional theories of Mr.Wu are resourceful,deeply and full of spirit of times,at the same time,it combines China with the west.Although his constitutional theories are lack of some original nature and systematicness,all of this are not enough to weaken the worth of his thoughts.At the same time,Mr.Wu was puzzled by actuality,under the standard of nationalism,he had to choose instrumentlism,these destine the embarrassed condition of constitutionalism in China.However,as the one person of imitative journey,Wu Jing-xiong is still successful,he is the outstanding representation of legal citizens in China.