On Hu Shih's Constitutional Thought

Hu Shi is renowned scholars and big educationalist of our country. He made the contribution in very many domains, and he only had opened the atmosphere but not to be the teacher. In the political law aspect, Hu Shi started to contact politics very early, afterwards he also joined positively in US's political practice, deeply American politics culture gradually influencing. In constitutional government aspect, although not made very innovates in theory, but he introduces the American constitutional government culture to solves China's political issue, and had the very tremendous influence to China's political reality. However, as a result of certain reasons, Hu Shi's constitutional government thought has not caused the educational world enough to take in the past.At present, the educational world merely pauses in carries on the simple description to its thought and the activity the stratification plane to this aspect research,, but not unified his entire academic thought to make the deep level the analysis. Moreover in the studies, there are too many ideology smell of gunpowder."Neglect" and "prejudice" has camouflaged the Hu Shi constitutional government thought ray.At the time pf Hu Shi lived, the domestic politics is gloomy. The people have no means to make a living. The big powers eyed covetously. The knowledge individual contributions seeked in abundance save the nation the effective prescription. Although Hu Shi didn't trust the constitutional government can save the nation surely, but he believed throughout "the constitutional government" is " a good method which the Chinese politics is on the track". Under this firm belief, he unremittingly contributed his thinking to establish the constitutional government system in China . His thinking has contained two aspects: One, introduced the American constitutional government system China to solve China's realpolitic problem, the second, establish the constitutional government through an any type process in the country having no constitutional government tradition. One question is "crosswise" look at the constitutional government, which concrete system the constitutional government constitutes. Another question is "longitudinal" look at the constitutional government, what is the constitutional government should pass through an any type process to establish.He has all carried on the positive ponder to these two aspect questions.In the "crosswise" aspect, Hu Shi had all carried on the thorough ponder to the three essential factors (democracy is constitutional government foundation, government by law is its important condition, human rights safeguard is constitutional government goal) of the constitutional government. First, he analyzed the democracy's meaning. He thoughts that the democracy is not merely some systems, is also one kind of "the life style". He emphasized the relations of that the independent personality and the democratic system promoted mutually with each other. And he also considered there was certain relation between the democracy and "people this thoughts" in China traditional culture. Next, under the constitutional government system, the government and political party's behaviors all must receive certain restraint. He always anticipated to the government by "the good person", and proposed "the good government principle". To the political party, he attempted to establish the multi-party politics continuously the pattern in China. Once more, he intensely opposed the Kuomintang Government's act of infringement human rights. He had pointed out incisively the false of Kuomintang's law of safeguard human rights. His opinion raised the human rights which the Chinese 20th century most rushed to shout asks the tide. Finally, Hu Shi realized the importance of the "government by law" regarding of the constitutional government. He appealed the formulation constitution,"should formulate the political tutelege time provisional constitution at least". and he saw"the legal soul has lain in the execution", advocated solves the political issue with the law.In the "longitudinal" aspect, Hu Shi based on the firm belief to constitutional government, withstands everybody's question about democracy, implemented his experimentalism. He criticized Sun Yat-Sen's "Knowing easier than doing" theory, and expounded the construction process of constitutional government from following several aspects. First, in the "upper" aspect, seeked "social center of gravity" of the constitutional government, proposed "good person" to the government or the leader, hoped them become enlightened, accept people's surveillance and the suggestion. Second, in the "under" aspect, he emphasized individual must develop own individuality, hold the independent personality, strives for own democratic rights. Third, in the "surface" aspect, he emphasized the system the construction, maintained the present legal regime. He suggested government must give the populace training opportunity and the platform of the constitutional government, formulate constitution boldly, adopt the manner experiment to execute the constitutional government, standard government's behavior with the constitutional government, let the people train to execute constitutional government in the constitutional government. Fourth, in the "basic" aspect, he emphasized through the widespread education to establish the foundation of democratic system, thought the revolution of thought aspect must be before the political revolution. Fifth, he approved peace improvement, opposed the violent revolution, establish constitutional government through improvement way.Hu Shi's constitutional government thought practice was usually defeat in the past, the reason lay in the foundation which in the reality his theory has not been able to realize. But it will not be able to deny that his thought will be able to give the people to indicate the advance the direction strength in the next some time. The author believed that, Hu Shi's constitutional government thought, can give us such several enlightenment: First, Hu Shi's constitutional government thought, had provided one kind of research constitutional government system mentality for us, that emphasized the importance of "doing", took to solve the concrete problem one by one, impeled the construction of constitutional government depending on the solution of the concrete question. Second, the knowledge individual contribution must have the liberalism spirit and the guts, be the important impelling force in construction of the constitutional government. Third, strengthen the faith of the constitutional government, breakthrough limitation of "the constitutional government instrumentalism". Fourth, realize the constitutional government through the improvement way. Fifth, value the importance of cultural reconstruction in the constitutional government construction function, impeled each construction through "the thought revolution", including constitutional government construction.This article belongs to the thinking history scope. Regarding the historical research, the author thinks it needs to complete three aspects work: One is describing the historical evidence. That is to explain the appearance of history; Two is explaining the historical evidence. That is to analyze why such historical phenomenon appeared. Three is appraising the historical evidence. That is to carry on the appraisal to success or failure of a historical evidence. The research of thinking history certainly also should complete these three aspects works. This article is to describe the original condition of Hu Shi's constitutional government thought objective comprehensively as far as possible. On this base, it will give own in this foundation to its thought formation change explanation ,will make own appraisal to its thought. Perhaps on the first work also can achieve objectively as far as possible, but the latter two work, it can have decides subjectively the suspicion unavoidably.The construction of constitutional government, is a system project, also is a long process. But Hu Shi based on a knowledge individual contribution social conscience, the ponder which does to the constitutional government aspects, in which has the wise thousand to ponder unavoidably cannot and the place, but also has other people place. The author will pass in this paper through the method of describing, explaining and commentary, will be trying through to its constitutional government thought crosswise and the longitudinal dissertation, to plays role which will offer a few ordinary introductory remarks so that others may offer their valuable ideas, to cause more people's interest to this aspect of the Hu Shi thought, to let everybody excavate the precious place in his thought together.