A Study On The Legitimacy Of "Constitutional State" In 1946

In the beginning of the establish of the republic of China, people started to prepare the National assembly, and it is important segment of the implementation of constitutional government in the founding procedures of sun yat-sen’s three people’s principles, also is the symbol of his lifelong struggle of political ideal. There is milestone significance of its operations in China’s political modernization. After the victory of the war, in the Chongqing negotiations and to reach a resolution of CPPCC, Communist Party of China agrees to participate in the national conference and has some seats in the nus and the government; there are also some seats for delegates from all the democratic parties as well as from all walks of life in the government.It is definitely an inventive step for China at that time that all the parties jointly held the national assembly and to form a coalition government. Later the situation evolved into Kuomintang single-handedly, and the communist party of China refused to attend and accusing it of as pseudo kingdoms.Based on the constitution held at nus degree of legalization of the legal basis of operation as the research object, this article aims to make a systematic study of the legitimacy of constitutional National, through recarding the compilation of data and files, doing research on monographs and reminiscences.The article is divided into five chapters: the first chapter is introduction, introducing the research topic and significance of the article, also some related information on the current situation, content and structure. Chapter ii, it systematically narrated the constitutional legal basis for the holding of constitutional National, mainly explaining the appearance and development of sun yat-sen’s thinking on democratic constitutional, the generation and modification of The draft constitution of the republic of China, Organic Act of National Assembly and Nus on behalf of the electoral law. The third chapter elaborates on preparations for the operation and results of National; the fourth chapter analyzes the decriminalization for the National; the fifth chapter is conclusion, come into some summary as well as way of reflection for the plight of Chinese democratic constitutional government, and put forward some suggestion for the promotion of political reform for current China.This article aims to get a more reasonable evaluation of the history events through to the argument of whether there is legality in National Constitution. It has a certain reference for us to promote the reform of the socialist political system with Chinese characteristics, improving the socialist democracy and the legal system.