Study On The Constitutional Theories Of Qian Duan-sheng

From Ching Dynasty, modern China came into the transition period, our society continued to attempt to reform the political structure, while in the ideological field, it was recognize that the traditional Chinese Confucian culture can not adapt to the social development, the Western countries was advanced because of they had democracy and science-oriented culture.With the return of a group of intellectuals to study abroad, the Western political system was also introduced to China, especially in the constitutional system,Qian Duansheng was one of them.His early years studied in America and was familiar with political and legal system of western, he was enthusiastically into the reform of Chinese society, did not completely copy the Western model, but to actively explore the way in line with China's national conditions. Qian Duansheng promoted the constitutional values of the West toward Chinese people ,concerned about People's rights,claimd to be maked in the Constitution.Between the rule of man and the rule of law, argued that China should implement the rule of law, but also he understood the rule of law is not easy, that the constitution does not mean there will be a constitutional, make laws does not mean that the rule of law. Law act completely is the truth. The Chinese did not have the social environment to implement the law, constitutional was the direction of the efforts of Chinese society,.That should be done in the current rush is not constitutional, but to create the necessary conditions to achieve the rule of law, Institutionaling the act of government , training legal professionals, etc., at last, gradually realize the rule of law.Between the debate of democracy and autocracy,Qian Duansheng insisted a new dictatorship,although he was insulted the environment of democracy.In his view,with the occasion of the national crisis, we should concentrate on strengthening the economic construction,to resist foreign aggression, dictatorship system is more conducive to the realization of this purpose, but only a very period of transition of government.After the country through the crisis, we should make our govement based on Sun Yat-sen's Three Times,gradually moving toward constitutional government. The dictatorship of Qian Duansheng was affected by the American pragmatism and the national situation in those days.In the constitutional activities of 1930s,Qian Duansheng proposed suspension of constitutional theory,he considered whether it is the position of the Chinese Nationalist Party or the position of ordinary citizens, did not rush to the Constitution and the political instability,and the people had not the ability to participate in politics,Even if the Constitution was maked,but it difficult to enforce,and would undermine the dignity of the law, there was no other practical benefits.Become a foregone conclusion in the case of constitutional, he proposed the following principles of the constitution which was still used for reference for today.The draft constitution has been issued for his amendments of protection of human rights and the national system of government and so on.Although Qian Duansheng studied in Western, he still had the spirit of the traditional scholar.He focused on finding a constitutional system which be localization of the West.His concern for the fate of the mind of a scholar, while standing in the position of an independent and objective.Paid close attention to the dynamic real world, criticized the proposal, without fear, hoping to contribute to the improvement of China's political power, for the early realization of democratic rule of law in China.