Junmai The Philosophical Basis Of Constitutional Thought

Zhang Junmai is a very important character in the Chinese modern history. He devoted his whole life in the constitutional government as the swan and drafted the constitution personally. So he is called "father of the constitution". He was not only active in the actual political realm performance, such as initiating establishment of the Chinese Country Socialist party and taking part in the Chinese Democratic Politics Group Union, and holding the post of its main leadership position, moreover he was excellent in the philosophy, politics, legal science, history .he also had the exquisite research and the original opinion particularly to China and the West culture to the Chinese tradition's Confucianist culture, and is arranged in order the name in "the modern new Confucianist". Although the former researcher involved and wrote lots about Zhang Junmai's two big domains, but the constitutional thought wasn't be taken seriously.In this article, author shows that how "only the solid idealism" influences the constitutional thought by introducing the constitutional thought of Zhang Junmai. Finally, seeking the advantage history experiment for Chinese foundation of constitution.The way of writing in this article as follows: Firstly, insisting the way of historical materialism. Secondly, combing the history thought with personal thoughts. Thirdly, combing the intrinsic thought change with the exterior active position.This article is divided into four parts.The introduction part is about the reason of writing and brief review of related history.The first part mainly introduces that Zhang Junmai, including the family and the educational background, the political activity and thought origin . Germany's method philosophic thinking, Britain's liberalism, China's Confucian thoughts making the main parts of his thought and which introduces following research.The second part describes the freedom, the human rights, the democracy, government by law in the way of review the related material. Firstly, he freely understand may say that contacted the Western liberalism political thinking essence, on the one hand he thought that the free theory the greatest value, in its could foster the independent personality and the perfect citizen, was the country is perfect, social and humanity's progressive basic power, on the other hand, he extremely regarded the free energetic value aspect, and advocated "the accomplishment take the energetic freedom as the foundation national culture". Secondly, Formed association Freedom of assembly, the opinion freedom of the press three fundamental human rights, simultaneously, he from politics. Once more, "the revision democracy" is Zhang Junmai in the 30s a democracy position big characteristic, this position makes every effort between the government authority and the people's right seeks one kind of balanced, moved toward "the new style dictatorship" imperceptibly, after in the 40s, he returns to focuses safeguards people's freedom, government's right to receive people's active oversight's British American democratic viewpoint. Finally, in the treatment constitutional government and in the government by law relations, except the position law is specially the constitution in the national government lofty status, he proposed the viewpoint of "combing the law and government", and regarded that is highest principle of the national founding.The third part is the main part of this article, according to the introduction of first chapter, the second chapter to the Zhang Junmai constitutional government thought and the active introduction, this chapter in launches the Zhang Junmai constitutional government thought macroscopically and moves each stratification plane. In this part of author intention indicated that in Zhang Junmai constitutional government thought's each part has its philosophic thinking foundation, these philosophic thinking enabled its constitutional government thought each part of stratification planes to have more explicit reasonable science relation, thus prominent constitutional government thought each part in system's inner link, pointed out that the West philosophic thinking has provided "high-level method" from the total meaning for the constitutional government idea the background. Then, the author "only the solid idealism" the overall characteristic embarked from its philosophic thinking, elaborated in its thought the West philosophic thinking (was mainly the dwarf Iraq clang, Bai Gesen, Conde and so on) and China Confucian thoughts two master line contents. He takes the Western philosophy in the spiritual and the material two big category's division as the coordinate, thought that the Confucianist philosophy the basic category one is "the myriad things has"; firstly "reaches knowledge and understanding the heart". After China and the West consulting, Zhang Junmai's philosophic thinking is in "carries on the German idealism philosophy the essence" the Neo-Confucianism is specially in the Wang Yangming philosophy foundation constructs with China traditional culture in Song Ming, this philosophy's characteristic is "stressed that humanity's free will and the spirit are free, heart primarily, thing for auxiliary, the spirit for the material institute about, ideology does not have it to maintain independence and keep initiative the place."Following it, the author embarks from the Zhang Junmai philosophic thinking's characteristic, from the constitutional government basis, the constitutional government premise, specially subjective idealism's influence, thought that the democracy the rationale is the human nature and the personal dignity, but the human nature and the personality dignity, is a moral idea, then its prevalent abuse is big. At the same time, his free view also has the intense idealist color, but this does not affect him to pursue the external system's construction in order to the free protection, realizes both's balanced by the time. Secondly, takes the constitutional government country establishment the realistic premise, its believes in this theory stems from Conde, a Hegel department's German idealism philosophy directly, thus enables its national view to have the strong political morals principle color. Thirdly, Zhang Junmai manages the formulation two draft constitution from the people's right stipulation to regime's design, its emphasis point and the indication way receive the philosophy main key the influence. Finally, the Zhang Junmai metaphysics ontology's characteristic lies from the heart dualism returns to the birth family in idealism, is precisely based on this philosophy ontology, he in the constitutional government realizes the way - - to deal with in the German law relations issue, also displays one kind of basic tendency, namely thought that the German law unites is take Germany as foundation uniting, the German law relates China and Germany is throughout is in the foundation and the leading status; But the thing is also noticeable one side, therefore the German law should coordinate, the heart should pay equal attention.The fourth part, after the above summarizing under its philosophic thinking influence the constitutional government thought has what advantages, through with the same time person viewpoint's debate and the inheritance, has developed at that time people's ponder domain and the way from some kind of significance, then the beneficial ingredient will extend the philosophic thinking to politics and the social stratification plane, will be worth affirming. Certainly, he receives the philosophy main key influence the constitutional government thought flaw is also the obvious existence, its imbalance idealism's constitutional government view, easy to neglect the thought condition which, the social reality power balance, the system structure condition as well as the domestic and foreign environment the constitutional government production needs and so on many factors. From this, although Zhang Junmai's thought and the activity have its historical limitation and the particularity, but is undeniable, he faces these questions are produce in the Chinese modernization process, but this process is to a great extent carries on take the West as the reference system, this is Zhang Junmai is unable to surmount, is also precisely we should perform in the current constitutional government construction to profit from the ponder.Therefore, although there were some history limit of Zhang Junmai's thoughts and activities ,but it can't be denied that the problems which he facing were raised from the produces of modernized in China. And to large extent the produce was compared with Westerns which couldn't be beyond and which should be conceded during the contribution of our constitution.