Three To Four Decades Of The Twentieth Century Chinese Constitutional Comparative Study

Chinese constitutionalism in thirty or forty ages of the 20th century,is the last stage andsupreme form for the development of Chinese modern constitutionalism. It has the importantfunction of taking over from the past and setting a new course for the future on the developmenthistory of Chinese modern constitutionalism .It is the reference and absorption of experience tothe previous constitutionalism,For example, constitutionalism in 1898, constitutionalism in latterQing Dynasty, constitutionalism of Nanjing provisional government and so on. Meanwhile, theparty in power of new China is the CCP, which has objective connection with theconstitutionalism movement in thirty or forty ages. Therefore, constitutionalism of thirty or fortytimes provided the important model for the constitutionalism development of new China. The thinking herein of the paper is to compare the two constitutionalism movementslongitudinally ,and Compare constitutionalism construction of the CCP , the Kuomintang andChina Democratic League horizontally .From those comparison, we will summarize the reasonfor the twists development of Chinese modern constitutionalism. First of all, the happen of the two constitutionalism movements had profound background andreason in thirty or forty ages of the 20th century. First, overall war of resistance urgent need indemocracy is the important background of the two constitutionalism movements. Second, twoconstitutionalism movements are inevitable outcomes of surging economy oppressing weakeconomy. Third, it is the inevitable reflection of struggling between democratic thought andautocratic thought. Secondly, there are two extensive constitutionalism movements in thirty or forty ages of the20th century altogether. They are the centres and mainstreams of constitutionalism in this period .The first constitutionalism movement took place from 1939 to 1940 , and the secondconstitutionalism movement took place from 1943 to 1946 .The two constitutionalism movementsboth have similarity and difference . The similarity mainly includes the background and reason ofthe two movements , the properties and result of the two movement .The difference mainlyincludes the development ways , scale and influencing of two movement , the attitudes of all partyand groupings of two movement, and subject problems discussed in two movements. Moreover , during two constitutionalism movements in thirty or forty ages of the 20th century,the CCP , the Kuomintang and China Democratic Leagues were three kinds of forces in China.They expressed their attitudes toward constitutionalism from thought and practice , and theirthought and practice of constitutionalism had some characteristics. The Kuomintang, as the partyin power, represented the interests of the big bourgeoisie and the landlord. They carried on someconservative constitutional reform which included formulation of the constitution andimprovement of political institution. China Democratic Leagues, as the representatives of themiddle force , proposed the distinct constitutionalism advocates in theory and promote thedevelopment of two constitutionalism movements actively. The CCP , as the vanguard of theworking class and the representatives of peasant's interests,put forward the feasible view of newdemocracy constitutionalism , participated in and led two constitutionalism movements actively,and carried it out in the border area of the war of resistance . Therefore, the CCP made enormousachievements in the constitutionalism construction and the experience of constitutionalismimplementation. The constitutionalism represented the development trend of politicalmodernization in a century in China . The party who can comply with this trend combiningnational conditions and era, will get the supporting of most people. The different attitudes of threeparties to constitutionalism caused their different destiny.Finally, the comparison among the constitutionalism construction of the three party, can give ussome enlightenments for present constitutionalism construction . Their constitutionalismconstructions both have similarity and difference. The similarity mainly includes, they pay closeattention to the formulation and implementation of the constitution , and the final purpose of theirconstitutionalism has consistency .The difference mainly includes, treatment of the relationbetween theory and practice of constitutionalism, treatment of the relation between the democracyand authority . The comparison of constitutionalism construction gives us the followingenlightenment, the development of constitutionalism needs a democracy and steady socialenvironment, the development of constitutionalism needs an intermediate strata with democraticconsciousness, the constitutionalism construction needs a unity thought as the theoretical direction,and Chinese constitutionalism construction must proceed from actual conditions of China.