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Early Republican Constituent Thinking

Posted on:2007-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2206360185982216Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
From of old, China was a closed and conservative country. For the sake of self-sufficient natural economy, the absolute monarchy, and immovable suppression of Confucianism, the existence of constitution was impossible. In latter day, with the invasion of the western imperialist powers, great change had happened on Chinese economy, politics, and culture, which provided the existence of constitution with conditions to some extent. The constitution, as the effective instrument helping China broke away from the corner and came close into prosperity, came to be accepted by all the social circles. In the final period of Qing dynasty, concerning what kind of constitution should be established, the Constitutionalist Party and Revolutionist Party put forward respective propositions. Ultimately, because of the constitutional notion and practice undertaken by Qing government could not be accepted by people, together with feudal system, its reign was overthrown by the "Revolution of 1911" led by Revolutionist Party.In the early years of Republic of China (10 Oct. 1911~5 April 1912),as the leading power in the "Revolution of 1911", with the authority position, Revolutionist Party got the chance to put its constitutional though into practice. After Wu Chang Uprising, Hubei military government was established in Hubei province (in central China), which was the cradle of "Revolution of 1911". Mr. Song Jiaoren, the principal of the United League of China (the predecessor of Kuomintang) in central territory was invited to take charge of this government. According to the Provisional Constitution thought put forward by Revolutionist Party at first, he drafted out the Hubei Provisional Constitution of the Republic of China. For being a steady constitutionalist himself, his Constitution embodied such constitutional claims as people's right, separation and restriction of administration, responsible ministerial system, and rule by law, etc. On the one hand, this Constitution was of highly historic importance; on the other hand from the angle of constitutional establishment, this constitution was also with severe weakness. And the implement after its promulgation was dissatisfaction.After the "Revolution of 1911" broke out, a number of provinces declared independence with the establishment of military government all through the country. In order to overthrow...
Keywords/Search Tags:constitution, civil rights, national right, provisional constitution
PDF Full Text Request
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