Study On The Constitution Of The Republic Of China In Hunan Province

This paper takes on the Republic Period of China Hunan Province Constitution as the subject, take the Republic of China time Hunan Province autonomous ideological trend as the clue, mainly research on the constitution text, and passes to the Hunan Province constitution formulation, the content, and the termination and the influence analysis, unearthed the Republic of China Hunan Province constitution to produce the special space and time environment which, the termination had, has appeared at that time Hunan community's journey of pursuing democratic constitutionalism. The whole paper includes five parts as follows: The introductory remarks, the Hunan Province constitution produce the background, produces the thought condition, the content, the main spirit, abolish reason, historical limitation and conclusion.The grounds for the author to select this subject and the perspective, attitude and position of the research are mainly conveyed in the part of "Introduction". The author believes that surged in the current political situation at the end of the Qing people at the beginning, why was situated at interior Hunan that being able to push to the front, formulated the province constitution most early and implements? What are the characteristics of the constitution content? Abolishes finally what is the bottom of the affair? The author analyzes the historical data in order to explain these questions from historical view.In the section of "The Hunan Province constitution produces the background", mainly analyzes the deep reason which from the specific historical perspective which comes from the Hunan Province constitution. First, the social conditions which the Hunan Province constitution produces? Developing from the Xiang army of Qing Dynasty raised to Hunan local influence, the initial period of Republic of China Hunan local influence further inflation, unearthed fully breeds the Hunan Province constitution the social soil. Next, the ideological foundation what the Hunan Province constitution produces? The local self-government and the federal thought achievement expedites the Hunan Province constitution the rationale, is mainly the publication which organizes through the Western missionary, before the Yapian War eve the literary intellectuals writes introduced West political system's books, after the Yapian War travelers for pleasure and goes abroad on diplomatic mission the Western public record to spread to China. In internal disorder's and foreign invasion's national condition, the people want to serve the purpose which through the local self-government saves the nation from subjugation. South central, Hunan is situated at the important place, the war disasters have happened for successive years, Hunan people are most prominent to the esteem of autonomous thought, and a display in the autonomous movement is also most conspicuous. Once more, the political context which the Hunan Province constitution produces? Since Republic of China has established, the central committee and the local relations are at the troubled waters for a long time, the bourgeois democracy regime deviated completely the normal work track. Simultaneously will be straight, the result of the Anhui war displayed the Chinese unprecedented dispersion north and south not unified, the north and south both sides interior not unified situation characteristic to display incisively, vacillated the partial bourgeoisie public figures comprehensively to the central path's faith. Enlightened government official Tan Yan-kai then took Xiang army commander-in-chief concurrently Hunan military governor director Hunan, positive corresponding at that time Hunan populace's political demand, publication "Ma Telegram", was the Hunan Province constitution movement first signal. "Ma Telegram" the announcement abolishes the Beiyang military government to add in Hunan supervises the military system, implements the local self-government and elected by the people governor.In the part of "The Hunan Province constitution's content", mainly introduces the Hunan Province constitution's text, has analyzed the constitution text respective characteristic which 13 person of drafts, in 1922 the official promulgation implementation's constitution text and in 1924 revised as well as behind the reason, simultaneously with followed close on after that the promulgation Zhejiang Province constitution to the Hunan Province constitution to carry on the comparison. First, is the Hunan Province constitution basic frame? The Hunan Province constitution is divided the preface and the main text chapters, altogether. Next, is to the Hunan Province constitution many text comparisons. The Hunan Province constitution's formulation was carries on strictly according to the legislative procedure, experiences has drafted, the examination, the province people to decide together, this at that time China's legal system history was the first time. The Hunan Province constitution drafts the member also very much to have the characteristic, the population, although are not many, but these public figures are graduate from the domestic and foreign well-known schools, has the varying degree understanding and the research regarding the legal science or the constitution. The different constitution text content comparison part has mainly enumerated the different text to the provincial councilman population, the voting right and the right to be elected, governor elects and the tenure in office, parliament disband, governor dismisses provincial assembly's authority stipulation, through the above aspect's analysis, understands clearly thirteen persons of drafts and 1922's year constitution stressed that the expanded politics participation, later will be especially more radical. Provincial assembly's authority is enormous, carries on the budget, the final accounts to the finance; The election official, interrogates the official, may organize to the official not to carry on the vote of confidence; Also has the legislative power, the impeachment power. Citizen's authority is bigger, the constitution must be able to establish after the referendum, the provincial councilman elects the official must undergo their voting approval, they may recall the provincial councilman, governor, the province service, requests to dismiss the provincial assembly. This at that time was the ancient and moderns in China and abroad for it rare populace politics participation. Once more, are the Hunan Province constitution and the Zhejiang Province constitution content compares? The Hunan Province constitution takes the province constitution which formulates most early, had had the very tremendous influence to afterward the Zhejiang Province constitution's formulation, in a sense may say that the Zhejiang Province constitution has inherited the Hunan Province constitution majority of contents, simultaneously does not lose own characteristic.In the part of "The Hunan Province constitution basic psychoanalysis", mainly analyzes the province autonomous thought and the democratic constitutionalism thought in Hunan Province constitution concrete manifestation. First, is the province autonomous thought? The Hunan Province constitution pointed out directly in the preface that Hunan Province for Republic of China's autonomous province, has made the explicit limits to between the province and Central authorities' authority in the field and divides, and adapts to the province authority enumerates the way. The Hunan Province constitution enumerates the province governance content widespread and is clear, in fact is because since our country province status and authority in the field continuously slurred, adopts enumerates the province the governance way, its goal is mainly causes the province power and the country power obtains is clear divides; Both has been clear about the central authority, and emphasized the place authority, is advantageous to different level authority correct exertion. Although the local self-government the thought obtained in the Hunan Province constitution has manifested fully, but also had the place which the place divided power excessively, brought to the people establishes a separatist regime the fission anxiety and the worry. Next, is the democratic constitutionalism thought? The Hunan Province constitution's democratic constitutionalism thought manifests to the people's sovereignty principle, the human rights safeguard principle, the separation of powers regime and the pure democracy system stipulation. The Hunan Province constitution proposed explicitly the province autonomy belongs to province people all, has to people's free right protection is clear about the careful stipulation. After the people's right's content is listed in the general outline, had demonstrated in order this kind of arrangement the Hunan Province constitution takes seriously to the people's right content. Next from the right free content looked that the type are many, the safeguard stipulates comprehensively, these contents have manifested the Hunan Province constitution to the equal, the freedom and the democracy pursue. The pure democracy system is the Hunan Province constitution brightest characteristic, but this is also many scholars get sick of a spot. In the Hunan Province constitution many place had stipulated the citizen always votes, actually has neglected our country's social reality whether to have implements political which, the economical, the thought culture condition this pure democracy system needs.In the part of "The Hunan Province constitution abolishes the reason and the limitation" mainly analyzes three big primary causes which and two big historical limitations the Hunan Province constitution abolishes. In the economy the military expenditure is huge, in the society lacks the advantageous external environment, and in politics in the province the authority competes intensely is the Hunan Province constitution the primary cause which abolishes. The Hunan Province constitution's historical limitation displays in the weak theory preparation and the one-sided national condition, the province sentiment understanding.The conclusion part mainly confesses the Hunan Province constitution is right "buys votes the constitution" the content influence and to the populace politics initiation function. "Bought votes the constitution" to inherit in the Hunan Province constitution many positive progress stipulations. The Hunan Province constitution drafts the revision from the fermentation, the intellectual, the gentry and merchants social stratum has paid attention warm-heartedly, even participates in community positively, this is the populace participates in the constitution construction the performance. Simultaneously the Hunan Province constitution formulation according to drafts the procedure which, the examination, the province people decide together, is first time carries on by one public way, has the education and the influence function naturally to the ordinary populace.