Of Fei Xiaotong Constitutional Thinking

Fei Xiaotong is in our country modern history the renowned sociologists, the anthropologists, the social activist, the national scientist, is the Chinese sociology and the anthropology founder. The Fei Xiaotong life writings is vast, is mainly discussing the income "Fei Xiaotong Anthology". Fei Xiaotong's constitutional government thought that with his sociology anthropology's research background, the earlier politics practices as well as lives abroad in UK and US's experience to have close contacting, not only had at that time been playing the vital role, is also very profound regarding later generation's influence.The present paper mainly carries on the analysis from the following four chapters: The first chapter studies the Fei Xiaotong constitutional government thought the background and the origin, the content including the Fei Xiaotong constitutional government thought time background, the Fei Xiaotong constitutional government activity practice, as well as Fei Xiaotong constitutional government thought origin. The second chapter studies the Fei Xiaotong tradition China politics and the legal view, Fei Xiaotong thought that the Confucian orthodoxy and the political series are the Chinese tradition political rights duplex systems, the gentleman are the Chinese tradition society unique society-politics social stratum, "two-track politics" have the defense line which in the Chinese tradition politics pattern the restraint authority abuses, the folk society ritual's decline, France's starting is the social change product. The third chapter studies Fei Xiaotong's western constitutional government view and the constitutional government is ideal, the Western constitutional government view from Fei Xiaotong to the British constitutional government, American constitutional government's view these two aspects conducts the research. Fei Xiaotong Britain's political pattern will be called "the old bottled new liquor" vividly, he thought that Britain is a constitution spirit supreme state, the freedom and the democracy is the British people guards the constitution spirit the weapon, the British people respect for human right, the resistance violence national disposition, enables Britain repeatedly through the revolution which does not bleed to complete social the transformation. Around changes regarding the American constitutional government Fei Xiaotong's manner in a big way: By initial commending, became afterward worrying, arrived again afterward turned disappointedly. The constitutional government ideal mainly from the constitution, the limit government authority, the freedom and the democracy as well as realizes constitutional government way these angles to conduct the research. Fei Xiaotong believed that the success constitution is limits the government authority, the reflection public opinion, the constitution which fulfils exactly, some qualified constitution, is the constitutional government operation premise, the limit government authority is realizes the constitutional government key, the freedom and the democracy is the constitutional government core, as for realizes the constitutional government way, Fei Xiaotong advocated that uses peace reform the way.