Study On The In-between's Constitutional Thoughts In The Early Republic Of China

The thoughts of constitutionalism in China derive from the later Qing dynasty of China. After Reform movement of 1898 Led by Kang Youwei and LiangQichao and the law system reform in the later Qing dynasty of China, the notions of constitutionalism spread. The new era in Chinese history started by Xinhai Revolution,which abolished the feudal monarchy, provided the broad arena to develop the new thoughts.Though the practice of the constitutional government failed like a flash in the pan, the loose social environment actually created the objective environment for the free gallop of new thoughts. So these thoughts were precious despite simple.This paper studies the In-between's constitutional thoughts,which is one of the constitutional thoughts in the Early Republic of China. Basing on absorbing the anterior research fruit of other people, this paper tries to make an in-depth study.The In-between's constitutional thoughts is an important wing in the Early Republic of China, The In-between wrote articles reasoningly and prudently, paid attention to explore the rationale and arranged the logic.The In-between were edified by the classical liberal,they used the historical and realistic constitutional practice in the Western countries for reference,observed the whole society as they are lawmakers,expected to realize their beautiful dreams,which means transform the old society into a new one though the reform of the system of law. The In-between's constitutional thoughts based on the compromise between the Conservatives and the Radicals.Compromise was the core of the theory of the In-between.Agreed with parliamentary democracy,they emphasized the restraint and balance of powers,actively promoted the local self-government, paid attention to the protection of the rights and freedoms.This paper is divided into nine parts. In the Introduction briefly expresses the In-between's cnstitutional thoughts on the historical background and illustrates the development of the In-between,then gives a outline to the anterior research's achievements and shortcomings.Chapter One sets out the notions of compromise and constitutionalism, which is the cornerstone to the In-between. From chapter Two to chapter Seven respectively explain the specific content,including the view of prliamentary democracy and party system, the understanding about hrizontal and vertical power relations, the comprehension about rights and the protection of the rights. The Conclusion evaluates the In-between's constitutional thoughts.This paper deems that these scholars accelerated the spread of Western constitutional thoughts, promoted awareness of the constitution of the enlightenment in China and evently promoted the constitutional development of the practice. The paper mainly discusses that the specific constitutional legal system depicted by the constitutional thoughts must be placed in the environment of its desired to, interacted with the environment and then can be continuously developed. Though the In-between's constitutional thoughts has penetrating judgments, the problem and the puzzledom facing them did not conquered.this paper evently attempt to provide some useful suggestion. to build the rule of law in China society today.