Several Studies Of "The Constitution Of Hunan Province" During The Time In Republic Of China

The constitution of Hunan Province came into existence because of the influence of several different elements. Inwardly, Federalism, Local Self-Government and democratic constitutionalism provided a theoretical principle. Politically, warlordism and tangled warfare among warloads weakened central government and destroyed the unified regime. Economically, the natural economy had been taking the lead for thousands of years, while the commodity economy was underdeveloped. Meanwhile, as the pushing of social change and the regrouping of political power, many social organizations which are searching for self-governing directly push forward the self-governing process.The consititution of Hunan Province represents the constitutional ideas like sovereignty belongs to the people, rights-based, power is given according to the law, power is limited, local self-government.The constitution of Hunan Province not only has an ingenious arrangement for People's rights and Public power, it also focoused to have very detailed provisions according to rights'class, range and guranttee method. It fully represented the right-based constitutional idea and highlighted the importance of human rights.One of the purpose of the constitution of Hunan Province came into being is providing a reasonable legal basis, cultivating democratic organaziations, training the habit of democracy, overall, in order to enhance the foundation of people-governing. It differentiated the power limit between central government and province government, defined province autonomy right, the limit between province government and country-level government and country-level autonomy right.It asserted to establish a republican on the basis of power separation. It has detailed defination for legislative power, executive power and jurisdictive power. It focused the restriction and balace between these three powers.As the product of inter-provincial autonomy activity, the constitution of Hunan Province has many similarities with the same-aged the constitution of Zhejiang Province and the constitution of Fujian Province. While, because of the differences of province conditions, there are a lot of difference among them. The difference mainly reflected in the levels and methods of rights achievement, the structure of province autonomy structure and country-level autonomy, the composition and operation of power separation and so on.