Study On The Constitutional Draft On Heaven

The Republic of China after the establishment of the constituent boom started inthe Temple of the drafting of the draft Constitution, beginning in1913, all politicalforces for a variety of purposes in the context of parliamentary politics for as long asmore than10years of Constitution-making activities. However cruel it was used is thefact, not only of the Temple of the draft Constitution to the Parliament of the Republicof China after the establishment of democracy laid a solid foundation, but also forcedthe formation of difficult to Congress has been plagued by dictatorship infection ofYuan Shi-kai’s tough to dissolve. Later scholars in the reflection that the drafting of aConstitution draft passed, more convergence of vision is destroyed by Yuan Shi-kai’sauthoritarian political constitutional system in its infancy in the early years ofRepublic of China, is responsible for democratic politics in transition fail in the earlyyears of Republic of China. Early years of the Republic, so that the general public isunlikely to accept the victory of the revolution the Imperial is in line with thehistorical trend of democratic parliamentary politics, is also contrary to the will of thepeople against feudal rule, Yuan Shi-kai in the selection process for these two roads,in particular sway. Yuan Shi-kai inconvenience to the bonds of the provisionalConstitution, wanted in the Constitution-making the move on a fantasy withconstitutional legitimacy to hide his imperial dreams. In the Temple of heaven in theformulation of the draft Constitution, Yuan Shikai trying to through various ways andmeans to interfere with the Constitution of formulate to achieve the purpose ofmaximizing their political power.The purpose and direction of the Constitution-making is usually occupied by acountry’s political environment in the absolute strength of the political groups todecide, effect of Constitution-making is usually decided in the political groups canreach a compromise of their respective political interests. On the political power, arethe most powerful Northern warlords, led by Yuan Shikai, think credit Wei YuanShi-kai in the victory of the revolution, he has political aspirations can be achieved inthe early years of the Republic’s political institutions, is essential to the ultimate fateof the heaven of the draft Constitution. Failure of the draft Constitution of thereflection of the temple on bankruptcy, an important reason is that the content of thedraft Constitution does not meet Yuan Shikai’s political interests demand so as to foster the Northern backlash.The Temple of the draft Constitution are China first formulated by the electedrepresentatives of the people in the history of the draft Constitution, because ofcomplex historical circumstances led to the draft Constitution failed, so that the draftConstitution unknown in history, suffered a lot of criticism, so visit their origins,analysis of its progress, reflect on their success and failure, important for the researchof constitutional movement in the period of Republic of China.This article is composed of four parts. The first part describes the background tothe drafting of the draft Constitution of the heaven; Elaborated in the second part ofthe Temple of the draft Constitution of the drafting process, the drafting of contentdispute, final draft, draft content features, as well as with a number of otherconstitutions; Third part focused its analysis on the Temple of design of politicalsystems covered by the draft Constitution; Fourth part of heaven for the evaluation ofthe draft Constitution.