From Democracy To The People's Livelihood

Two the turn of the century of the front and back for 100 years, Chinesesociety has always been facing complex aspect of social reforming, and the lawreforming is an important part of these two. 'Take the history as a mirror, we canknow the success and failure'. By studying the course of recent law reforming, it ismaking a grate sense of theory and reality for modern China's construction ofgovernment ruled by law and social civilization. From the angle of sociology andby learning from the theory of social reforming, this paper makes a logical andhistorical analyses of the problems of government ruled by law in the period ofrecent reforming, and tries to discuss the progress and insufficient in the course ofChina's reforming of government rifled by law, meanwhile, to pursuit the rightway for modern government ruled by law. This paper is divided into five parts,There are about 40,000 characters in this paper.The first part of this paper main talk about the course of law reforming inrecent China. The purpose of the Reform Movement of 1898 is the fist substantiveconfrontation of western constitutionality and local autocracy that is governmentruled by man。Although, the reform has failed at last, yet it is the beginning that theChinese people reflect the traditional law and political system, and think about thestatus of law.In the later reforming, Qing government had hold a Large-scale revising oftraditional law, leamt from and brought in western legal system, and preliminarilybuilt up "six-law system". It can be said that this action has opened the door ofconstitutionality. In the course of provisional constitution-making, the governmenthad issued Constitution Program, negated the unlimited feudal sovereignty system,established the principle of separation of powers, built a new order which isdifferent from the traditional one, the traditional idea became modernized, theconstitutionality doctrine, the concept of rights and obligations, the separation ofpowers principle, the principle of judicial independence have started to infiltrateinto society of China. The Administrative Reform Movement of 1898 andmodernization of the series of efforts in later Qing Dynasty accelerated the collapse of the traditional authoritarian rule of law and ushered a process oftransformation to a modern democracy and constitutionality。After the Revolution of 1911 overthrowing the Qing government's rule andestablishing a bourgeois republic, Revolutionary Party leaded by Sun Zhongshanhas enacted Provisional law, practiced the "Five-power Constitution," widelypublicized "governing the country according to law", which makes democracy andconstitutionality the first established as a form in China. Although the result ofvictory in 1911 hadn't been kept, that led to the fierce struggle of restoration ofChina's social and anti-recurring system restoration of the monarchy, destroyed thelaw and protecting, the monarchical supremacy of ruled by man and the lawsupremacy of ruled by law. Even though, the warlord dictatorship has no choice tomake democracy and constitutionality to cover and decorate. That means at thattime, the concept of democracy and the rule of law have already replacedautocratic ruled by man in the level of system as well as in level of ideal.Unfortunately, democracy and the constitutionality in the period of war weregradually distorted, despite in the short period of time, 12 Constitutions had beenset down, without law's stabile implementation and true practice of the spirit ofconstitutionality, until to the period of Nanjing government, it is still by the nameof constitutionality that exercising dictatorial. The progress in the aspect of legalform can not hide of the decline of the rule of law in essence, which lead to thetransition of recent constitutionality to be a bread end.First of all, lacking of constitutionality enlightenment, by simply analyzing theevolution of concept of recent constitutionality, it is easy to find that, introductionand dissemination of recent constitutionality is carried out under the auspices of theelites. Although the words of advanced democracy and constitutionality can bewidely spread, yet, the people who can truly understand and accept it may only bethe elites, what's worse, the elites who advocate it may themselves can not reallyunderstand it.To ordinary people, lacking of constitutionality enlightenment is decided bythe theme of the times in recent China. In the background of survival and salvation,cultivating and generally raising public's constitutionality awareness has beenignored. This unique background results that western constitutionality theory which implicates the spirit and value of human as the primary subject can notwork, while the character of play a role as tool is quite prominent, which shows inthe constitutionality practice is that simply focus on legislation. Lacking ofenlightenment idea and make the transplanted law system has no necessary socialbasis. Secondly, the process of construction of recent constitutionality system turnson scientific tendency. As people consider promotion of constitutionality as amethod the value of consfitutionality's character of tool is one-sided expanded.Due to the lack of cultural echo and necessary systematic, then in practice, it isemphasizing on "law" but ignoring "rule". The legal system which is brought incan not be truly compatible with people idea, which make the conflict betweennew legal systems and "dual society" in old society, so that new legal system cannot be really carried out, and let constitutionality idea have no choice but to stayjust as an idea. Finally, democratic as the basis of recent consttufionality, due tothe special turbulent environment and the weak economic foundation in recentChina, democratic has not been fully implemented. Lacking of the practiceconnected to people, recent democratic becomes nominal, and propaganda ofdemocracy has become ideology, it has made nominal basis of constitutionality bedistorted and substituted at last.PartⅤis the conclusion part. The reason why China has finished transfer fromautocracy system that is ruled by man to democratic constitutionality, but keep onNanjing government's autocracy is that lack of "civil right". Therefore, theenlightenment of people's right consciousness is the most meaningful revelationthat the recent reforming gives to the modern one. The paper holds the point that,as the weak of constitutionality under recent democratic, the development ofmodern democratic is necessary being guided by law. As the constitutionality canmake the livelihood be effectively protected, and letting the people become thefundamental driving force of democracy and the rule of law, so that to find a wayto modern constitutionality.