.20 1930s Intellectuals Around The Discussion Of Constitutional Issues

The article aims at the research on the constitution manuscript which the National government held in 30's of the twenties century, and it is consisted of the exordium and four chapters of main body.The exordium summaries the history and the present, which including the creativity and meanings, and gives explanations for the materials which referred in the thesis. The main body includes four of the following parts.The first Chapter summarizes the constitution manuscript of the National government. From 1933 to 1936, the National government had carried on activity of making the constitution manuscript under the situation of the home and abroad. During that time, carrying on modifying seven drafts continuously, experiencing four stages successively.The second Chapter summaries the process of the discussion. Before the first drafting constitution was enacted, the intelligentsia had carried on making the process of discussion launch gradually. Along with the three and four drafts were enacted, the intelligentsia made the discussion into climax, and presented some varieties: more criticize and opinions from the intelligentsia and so on. Along with the emendation of the fifth, sixth and seventh drafting carried on, the discussion of this constitution manuscript ended.The third Chapter summaries the main contents. In the whole process, the intelligentsia mainly discussed four contents of drafting. The discussion from right and the obligation, including the contents scope of the right and the freedom, limited clause of the contents on the law, the lawmaking technique of guaranteeing people's right .The discussion of the national assembly problem, including the legal power setup of the national assembly, the representative's allotment and the election method, the session term of convening congress .The discussion of regime. Form three fluctuations of regime, the intelligentsia mainly discussed three problems: the covert cabinet system in the third draft; the covert president system in the fourth draft;the dictatorial president system in the fifth draft. The discussion of the doctrine of the three people's principles, the intelligentsia mainly carried on discussions of two problems, they were opposed to doctrine of three people's principles to be included in the constitution and how it was expressed in the constitution.The fourth Chapter summaries the meaning and the function that the intelligentsia discussed. The basic purpose of the intelligentsia who discussed the draft wanted to push creation of a constitution that matches democracy. Therefore, in the discussion, the intelligentsia valued the contents of the western democracy very much. However, it still included some traditional factors: attaining practical usage by a life time,and so on. To some extent, it pushed legal system construction though the discussion, publicizing the democracy thoughts and so on, but it neglected the present problems of the democracy and Chinese society, making its function is limited.