A Study Of Zhang Junmai Constitutionalism Thought

Zhang Junmai was a famous political activist and scholar in modern China, not only had participated in lots of political practice, but also had got profound academic theory, he was good at practice and theory. The article did not introduce Zhang Junmai grand theory, just elaborating Zhang Junmai constitutionalism."Constitutionalism" was from West, being a target of political developing. It also was a product of modern west bourgeois revolution. The theory of constitutionalism is very large in west, including parliamentary politics, separation of powers, party system and the protection of human rights. Those theory which were reflect that most people’s pursuit in freedom, democracy and equality. Since the Opium War in1840,Chinese people suffered both internal and external. In the dual pressure of the international and domestic, the advanced people began to explore the truth of saving the country and enriching the people. For example, Saving the country in Science and Technology, Expert or Industrial. In the early of20th century, constitutionalism had become a world trend.Saving the Country by building Constitutionalism had attracted the eyes of the Chinese elite. Constitutionalism could make prosperous having become reasonable thinking of the people who had studied in West. In the influence of political environment, Zhang Junmai was very interested in constitutionalism to save the country. From then on,Zhang Junmai started to study Constitution, he was hope achieving the country’s democracy and prosperity by Constitutionalism. So, to some extent, Zhang Junmai constitutionalism theory is a result in history environment.Zhang Junmai constitutionalism theory was affected by dual culture,showing the obvious blended feature. Not only had the constitutionalism theory in separation of powers and balance, but also had depended to ruling power which was from Chinese political culture. The complicated political and educational background which creating Zhang Junmai fixed constitutionalism theory. The first part have analyzed the background of Zhang Junmai Constitutionalism, which was introduced by the educational background and era background. From that we could discuss its impact in Zhang Junmai constitutionalism road.The second part have focused on the main contents of Zhang Junmai constitutionalism theory. We have discussed it by two constitutional text (the "National Conference Draft Constitution" and the1946Constitution of the Republic of China ").However,in the opening part we have not elaboration. We have made a detailed introduction of Zhang Junmai foundation of constitutionalism theory-Liberalism. The third part had a overall evaluation of Zhang Junmai constitutionalism theory,discussing the strengths and weaknesses in a historical perspective. The last part have discoursed Zhang Junmai political legacy in today. just from three aspects which were why constitutionalism country has not established, the protection of human rights and judicial anti-corruption.Zhang Junmai had pursue constitutionalism throughout his life. He was called "Constitutional Father" in Republic of China. Although he was failure to achieve the constitutionalism ideal at that time, we can not deny the contribution of Zhang Junmai to Chinese constitutionalism. Today, the socialist legal system has been built. Chinese people are walking on the road toward to constitutionalism kingdom. Researching Zhang Junmai constitutionalism theory can give the constructive significance of our constitutionalism objective.