The Research Of Sun-ke’s Constitutional Thought

In the constitutional history of the Republic of China, Sun-ke is a complex and important political figure. He took an active part in the struggling for the realization of the constitutional society in China, and devoting all his life in realizing his dream. Sun-ke was the Nanjing National Government’s political activist, who served as the Chairman of Legislative Yuan for more than 16 years, through which time he promoted the legal process of the Nanjing National Government, thus he made great contributions to the constitutional cause of Nanjing National Government in both practical and theoretic ways.This article describes the Sun-ke’s life experiences, as well as Sun Yat-sen’s theory of the Three Principles and the influence from American constitutional thought, which is the base of his theory.The text illustrates Sun-ke’s constitutional thought in detail. It holds the idea that the theoretical basis to Three Principles of the Constitution is consistent with Sun-ke’s constitutional thoughts which was interpreted thoroughly in his constitutional thought in the Constitution Three Principles of the right involved in five of the six major issues. These six main issues are the state system, the National Assembly, the central government organizations, both central and local power system, local self-government, human rights protection. In addition to perfecting a series of national institutions, Sun-ke also attached great importance to the role of local self-government emphasizing that the establishment of local self-government is the constitutional key to success. As in the 1930s, China is under the long-term threat of the aggression of Japan, lacking of a peaceful environment to establish suitable constitution. Faced with all kinds of difficulties, Sun-ke strongly believed in that the Three People’s Principles is the right framework of constitution at that time, which should be able to establish the constitutional system in China.This article also describes Sun-ke’s political thinking. His ideas on political parties include three major points, namely the constitutional status of the Kuomintang’s government in the period of political tutelage and constitutional implementation together with multi-party policy and constitutional democracy during the election. He advocated the establishment of the constitutional system, the national implementation of multi-party politics, the Kuomintang’s government to give up despotism during the one-party dictatorship, and other political parties on an equal footing of democratic contests.The conclusion part of this article analyses the thought of nationalism and utilitarian tendencies in Sun-ke’s constitutional thoughts; meanwhile it also presents that Sun-ke’s thinking on contemporary constitutional enlightened the constitutional development of China.