Review On Kung-chuan Hsiao’s Constitutional Thoughts

In modern China constitutionalism was recognized as an unstoppable history trend and was highly praised by countless Chinese people who devoted themselves into the pursuing of it. Kung-chuan Hsiao, a famous constitutionalism scholar, was one of them. Believing’propagandizing is also a way to go into polities’, he wrote a lot of political comments and discussions and became the academic leader to propagandize constitutionalism and freedom. His outstanding foresight on Chinese politics still plays an import role in today’s exploring on the construction of democracy and nomocracy.Focusing on Kung-chuan Hsiao’s constitutionalism idea, the thesis mainly talks about its content and great value through the analysis on it from the angle of the Republic of China and the present time. The thesis consists of introduction, body and conclusion four parts.The introduction part summarizes Kung-chuan Hsiao’s academic experiences and briefly describes himself and his main writings relating to constitutionalism according to the academic research in Taiwan and Mainland. Based on it, this part also summarizes the thesis’s composing thread.The body part is made up of four parts. The first part introduces the summary, historical and thoughts of Kung-chuan Hsiao’s constitutionalism idea, and explores the affects of Chinese traditional culture and western political theory on the formation of his constitutional idea. The second part discusses Kung-chuan Hsiao’s constitutionalism idea about constitutionalism conditions, including an united state, democratic system and healthy party politics. The third part discusses Kung-chuan Hsiao’s constitutionalism idea about the measures to implement constitutionalism, including drawing up a constitution, improving electoral system and enhancing the quality of the entire nation. The fourth part is the evaluation of his constitutionalism idea, including the summary of his academic and thoughts features and the explanation of his ideas’historical limitations.The conclusion part talks about the writer’s thinking on present Chinese constitutionalism construction based on the constitutionalism history in Republic of China and Kung-chuan Hsiao’s reflection on it.