Study On The Fatong Issues Of The Republic Of China During The Period Of Beijing Government

The term fatong is a popular buzzword throughout the period of the Republic of China, which mainly refers to the legitimacy of the source of power is set by the law, or has a clear legal basis. The term can be explained in a board sense or a narrow sense.In a board sense it refers to the construction of legitimacy based on the law. As long as it is in line with the construction, we can call that it has established the legitimacy for its regime.In the Republic of China governed by Beijing government period, fatong refers only to Provisional Constitution of the Republic of China in 1912 and early Republican Congress.Until Duan qirui announced the discarding legal system in 1925,this is the only one fatong during the entire 13 years. This thesis is based on explanation of fatong in a board sense.Throughout the period of Republic of China governed by Beijing government, evolution of changes in law is nothing more than the change in the constitutional documents and with the Congress.These two aspects directly contributed to the changes in the legal system. The evolution of the whole process had undergone several stages------interrupted disputes, recovery, confrontation, each stage contains the underlying changes of power relations, and these phases also constitute a solid base for the change.During the sixteen years of change in the legal system, no one, whether a olde-worlde warlord influenced by imperial society out of the, or a political elite bearing the Republican ideals, has never give up even denied the role of fatong. In the eyes of the old warlords, fatong is like the flags which is the symbol of commander, so that it can justify its rule. And in the eyes of the political elite, fatong points the future path of China which will lead to America or Japan-style rejuvenation under the Constitution framework. Among the changes in legal system there are very distinctive features.And the text of the Constitution that should reflect and maintain the philosophy of the system exist marked difference with fatong in the early period of Republic. The use of Constitution as a tool also makes fatong suffer from the same fate.Under the banner of fatong, military officals influenced traditional culture and elites well-versed in law had a conflict mentally and pratcially. As a result it was one of the direct causes of the chaos in fatong.Out to the yearning for a democratic republic, the public chose to create a new nation in revolutionary way.In final period of the Beijing government, to the disappointment of democratic republic for the past ten years, people chose to overthrow the regime by the means of revolution. The balance betwteen fatong and revolutionary thoughts has been tipped. From the above facts, we can finally see the essence of fatong. Fatong has a core issue with two wings. And the core refers to the regime’s legitimacy problems that human society has to face. In the late Qing dynasty China suffered three crisis of legitimacy, resulting in the traditional mode to obtain legitimacy which laid the cornerstone. For the concept of fatong.One one side the wings are a continuation of traditional Chinese society by "orthodox" derived from the "integration system " concept, one the other hand it is embodiment of Western political ideas spread in Modern China. The concept provides timelines for the concept of fatong, which contains a temporal continue to prove its legitimacy content. Western political culture, especially the transformation of the social contract theory and nationalism complete the establishment of fatong.At its beginning, fatong is considered "the condensation of the spirit of law," but then they gradually become warlords’banner and propaganda. In turbulent year of 1949 occasion,it has been consigned to history. We are now re-reading legal system, not to be nostalgic for the old style of fatong, but to review the modern sense of legitimacy at the new perspective. Under the circumstance where the central government advocate "rule of law ", we need a complete spirit of law which is compatible with new economy and culture today.