Studies On Constitutional Thought Of Wang Chonghui

Modern Chinese constitution thought is an important subject of constitutional jurisprudence of China, studying it can deep understand the characteristics of the creation、formation and development of modern China’s constitution thoughts and constitutionalism, the success and gain experience and lessons, and can help us choose the correct direction, helpful to our current constitutional construction,and has important theoretical significance and practical significance. However, if we want to research modern Chinese constitution thought, then must research the social ideology of constitution of the people in current society. WangChong hui, Known as the "republic of first jurist", is undoubtedly a rare characters who explore modern Chinese constitution thought. Wang Chong hui is one of the most outstanding jurist in modern China, is also achieved international famous jurist.Thought of Wang Chong hui has had a significant impact.on the constitution and the development of China’s constitutionalism at that time and after it. His constitutional ideas in great degree reflects development status and trends of modern Chinese constitution and constitutionalism thought in transition.Wang Chonghui are in close touth with modern Chinese,and his constitution thought of political change by modern China, this makes the constitution thought has the characteristics of consistent over time. His constitution thought is divided into three periods:the first period is the period of separation and reunion of constitution thought; The second stage is period of formation, mature and practice of the liberal constitutional thinking; The third stage is period of the interpretation and practice of his five-power constitution thoughts.Constitutional ideas of Wang Chonghui in modem China occupied an important position in the history of modern China’s constitution and constitutionalism at his times, importantly influenced the development of modern China, promoted the development of the constitutional theory and constitutionalism. However, Wang Chong hui constitutional ideas may inevitably has its historical limitations, and his constitution thought and practice has the contradiction. Its constitutional ideas, whether three-power or five-power constitution thoughts or ideas, didn’t realized in reality, ultimately reduced to a tool of the politics of military power.This paper summarizes Wang Chonghui thinking on the basis of success or failure of the constitution and experience or lessons, combined with China’s national conditions combining with China’s national conditions,I think that should be in the following three aspects of constitutional construction, first, establishing independent judicial system. Establishing the independent judicial system is maintaining the separation of powers in the constitutional system, it is the need of human rights, China’s power corruption and human rights is judicial independence scared the results; Second, correctly dealing with the authority of government the central and local; Third, promoting direct civil rights.