Comparative Study On Constitutional Documents Of The Revolutionary Base Period

The outbreak of the May Fourth Movement in 1919 and the founding of the Communist Party of China, marks the Chinese revolution has entered the phase of new-democratic revolution, with the same period the development of constitutional activities opened the prelude of the new-democratic constitutionalism of which the working people as the main constituent played an important role. New-democratic constitutional government movement, which is based on the revolutionary bases, experienced three historical periods, they are the worker-peasant democratic regime, the anti-Japanese democratic regime and the liberated areas of the people’s democratic regime. In the three different periods, three important constitutional documents has been made: "Outline of China Soviet republic constitution "Administrative program of Shan Gan Ning Border Region"and"Constitutional principles of Shan Gan Ning Border Region ". These three documents base on the principle that combine the general principles of Marx with the concrete practice of China revolution, established by constantly sum up experience on constitutional making and lessons from democratic regime construction, gradually achieve the China followed the development road that combine the scientific theory of constitutionalism with the China actual conditions, reveals the new democratic theory of the Communist Party of China constantly to mature.From a new perspective of text analysis in this paper, combining with the history background of revolutionary base areas in different periods, three constitutional documents will be had a necessary comparison research from the structure and the specific content of the longitudinal and transverse through the way of form contrast, The protection of people’s rights, the provisions of the basic policy and the legal system, etc. these contents established by the three different constitutional documents will be focused on. On the basis of the similarities and differences comparing to distinguish, we make an explanation and understand of the evolution about the constitutional and statutory regulations during three different periods, meanwhile explore the Underlying causes. Constitutional movement during the Revolutionary base period, always put the democratic regime, the authenticity of the people’s rights in the first place, on the legislation technology the three constitutional documents has experienced from Immature imitation to constant progress base on the situation, the development process is also of organic integration between democracy on content and maturity on method, are the outcome of the constitutional government movement with democratic value orientation, thus gaining the support with the deep social base, regulate the operation of democratic regime on different levels, maintaining the stability of the social order, for the final victory of new-democratic revolution laid a solid foundation, for the founding of new China’s constitutional activity, provided valuable historical experience.