The Research Of Yao Zhongqiu "Confucian Constitutionalism"

More than a century, Marxism and the ideology of neo-liberalism, such as the road made a great impaction to the path of modernization choose, but experienced various attempts and failures. We gradually found that the reality of the situation is far from that we have expected. In this context, the need for reorientation of the road made theoretical explorations open his own tentacles, traditional culture, especially the Confucian culture began to revive, Yao Zhongqiu is one of the Confucian cultural renaissance promoters in the moment. Based on the research of Chinese and foreign history, politics and culture, Yao Zhongqiu put forward the concept named "Confucian constitutionalism", a lot of scholar made mixed reviews about the concept as soon as it is put forward. Review Chinese and foreign history in pursuit of Modernization, learn from their mistakes, feel "Confucian constitutionalism" that put forward by Yao Zhongqiu was not unreasonable. Reading the theory of "Confucian constitutionalism" carefully, Chew the essence of Chinese civilization slowly, you will find Confucianism is not just a tool of autocratic monarchy, but has a positive function to constraint kingship. In social transformation of today, for the people who experienced frustration of modernization, it is necessary to reflect on the practice result of disastrous consequences from radical anti-traditional theories of China and other latecomer countries in the world, it is necessary to re-recognize and excavate the traditional culture, restrict the value of local cultural especially the value of Confucian culture which works as local cultural resources norms and constraints of state power and give a new Orientation to era transition of China to build good order.The theory of Yao Zhongqiu "Confucian constitutionalism" includes three aspects:First, compatibility of the Confucianism and constitutional. Yao Zhongqiu Demonstrated the compatibility of Confucianism and constitutional through the theoretical and historical aspects:Yao Zhongqiu cited many Confucian theory and constitutional governance principles which can be compatible with "Confucian constitutionalism"; The historical aspects, Yao Zhongqiu Starting with the eras of Yao, Shun Gaotao, making detailed analysis for the great think of different times which have constitutional tendencies raised by thinkers, and the dynasty system with the constitutional elements. Second, the necessity of the implementation of constitutional and following the Confucian tradition:first, Confucianism is compatible with constitutional; Secondly, Confucian constitutionalism has unparalleled advantages which western countries can’t compared with; Thirdly, and Chinese social natural order has the characters of China, Confucian constitutionalism is the mainstream of character of China and Chinese tradition, which requires us to pay attention to the Confucianism and Return Confucian; Fourth, Revival of the China demand a return to tradition, only by return to tradition correctly, can we realize the innovation of Chinese civilization, then can we get our own core values and a strong cultural force in the international cultural competition. Finally, we are not at the terminal of history, we also have no quality to make a veto conclusion for traditional culture. Third, The ways leading to "Confucian constitutionalism":Reconstruction of Confucianism tradition and traditional of trust; rebuilding the order of the national spirit; the establishment of education system, the aim of which is to develop us to be gentleman; retrieve laws having Chinese characters, rather than the transplanting of foreign law; Established a polycentric governance order as the core of a small community autonomy.There have similarities and differences between Yao Zhongqiu "Confucian constitutional" and the West democratic constitutionalism. Today, ancient system is destroyed and the system is transforming, this theory exploration does have the feasibility and practicality. Because not only Confucian culture is China’s local cultural resources, easy root growth, but also Confucian constitutionalism can adapt to today’s socialist market economy. However, we not only need to see the significance of this theory, but also take aware of its shortcomings and limitations:Confucian constitutionalism ideas make us focusing only on Confucianism and ignoring other rich traditional cultural, this seems to be a great one-sidedness; In today’s revival of Confucianism seems to lack autonomy power, but if it too close to power, it will become a difficult problem that play its role in the function of checks and balances of political power; The revival of Confucianism have a tendency of self "museum" in the moment; It may be a bigger problem that from Confucian "Etiquette Governance" toward constitutionalism that can constraints on the power rigidly.Despite this, to re-examine our cultural resources is indeed a big trend in nowadays. Reading classical Chinese traditional culture; Recalling the history of Chinese civilization; Thinking about the experience of the ancient Chinese treatment; Facing the status quo of contemporary China. We have to admit: Control the flooded materialism and individualism, and rebuild national spiritual order, for Benign operation of the market economy; Understand the need for prudence and moderation, for the people who once immersed in the fantasy of permanent revolution; Get out conceited and face their own tradition and the present, for the nation who planning for the future has been fully.