The Analyzing Of The Failure Of The "Provisional Constitution Of The Republic Of China"

As the first constitution in the history of our country, the “ProvisionalConstitution of the Republic of China” is the first constitution to determine thenational bourgeoisie revolution achievement by law. And it is also of greatsignificance in the both histories of the constitution and constitutionalism in China,which shows the willing and wishes of the national bourgeoisie to build a good periodof capitalist democratic republic constitutional regime. And it’s the first time tofundamental law points of view and things in the sense of a modern constitutionalsystem, such as "people","senate" and "temporary President","state","court", whichis a groundbreaking in the history of China. In the early days of the Republic of Chinarun out of constitution, and the rule of law although the constitution and the legalsystem existed. It has been already more than one hundred years since the beginningour country owned its own constitution, however the constitutional government hasfailed to fully implement. Tracing back in the history, and analyzing the "ProvisionalConstitution", its setback of its failure will be beneficial for the construction of thepresent constitutional government.Based on the analysis of the “Provisional Constitution of the Republic of China”,the gaps and resistance in the process of its implementation should be analyzed inorder to reveal the setbacks to implementation of the provisional constitution of therepublic of China. Then the article examines the legal gaps, improperly designed textand wrong leading of the legal principles and other internal causes of the “ProvisionalConstitution of the Republic of China”. What’s more, failing to implement of“Provisional Constitution of the Republic of China” can not only be contribute to thedisturbing of authority power, lack of democracy and the idea of “particularly lawmaking”,which can surly makes it a more comprehensive and profound analysis ofthe constitutional government, to break through the present academic circles inexamining "provisional".