Conflict Explanations Of Constitutionalism Dilemma In The Late Qing Dynasty And Early Republic Of China

The late Qing Dynasty and early Republic of China is the most intense period in modernChina. Constitutional issue is the focus of this period. However, in the pursuit of constitutionalissues, there are a lot of difficulties. For China’s constitutional difficulties, Chinese modernconstitutional scholars, put forward a variety of interpretations, but, in these interpretations existinner logical tension. These include: utilitarian teleology and the origin value of theory on theConstitutional pursuit, Constitutional intent on false and faith, the theory of constitutionalmonarchy and democracy constitutional theory on political system, the theory of people of lowlevel and responsibility of government on constitutional conditions, the constitutionalimplementation of stage theory and constitutional low-key theory. Therefore, it is necessary toanalyze the inherent tension between these theories, discussion and even bridge the fracture ofconstitutional thoughts due to a variety of factors.In a wider sense, the dilemma of constitution in modern China deeply embedded in theChinese modern history background and era pattern, this include Chinese traditional structure indeep, including the contrast pattern of the reality. Combing the modern Chinese constitutionalismlineages is necessary. These lineages including: cultural aspects, fission and inheritance, divorcedand regression; thought aspects, radical and conservative, reform and revolution; system aspects,democracy and autocracy, transplantation and innovation; state aspects, system and power, rule ofman and rule of law; social aspects, public and elite, city and country.Modern China ’s constitutional, as an " ideal " pursuit, still need to analyse " the ideal and thereality " relationships. The solution of modern Chinese constitutionalism predicament, eventuallypoints to " state and society", the reconstruction of the relationship between them. Therefore,enhancing Chinese civil society development can solve China’s constitutionalism dilemma,promote China’s constitutional construction. From a longer period observation, constitutionalismproblem is deeply embedded in the process of China’s modernization.