The Study Of Provincial Assembly In The Constitutional Movement Of The Late Qing Dynasty

This paper analyzes and evaluates Provincial Assembly in the late Qing Dynasty from the perspective of political and legal modernization. Provincial Assembly which set up in the constitutional movement of the late Qing Dynasty, is the first test of the modern local parliament in China and the establishment and operation of Provincial Assembly has important significance for promoting constitutionalism. First of all, the establishment of Provincial Assembly brings the first democratic election in Chinese history which has the milestone significance in the process of Chinese political and legal modernization. Secondly, the actual operation of Provincial Assembly brings the modern breath of democracy, openness, balance and autonomy. According to "The Statute of Provincial Assembly", Provincial Assembly administrates the local affairs and supervises the local administration, which plays the limited functions of government restrictions and local self-government and so on. Moreover, Provincial Assembly also becomes an important platform on which the constitutionalists can express their political views and promote the constitutional process of China.According to the structure, functions, powers and operation situation of Provincial Assembly, we may come up with a conclusion: Provincial Assembly is a kind of political entity which both has the nature of parliamentary politics and local self-government. However, influenced by the social and political background, it also has a strong feature of authoritarian conservative. As a result, there is a big gap between the system and practice of Provincial Assembly and the theory of parliamentary politics and local self-government. Meanwhile, there are also some differences between Provincial Assembly and its corresponding institutions in Japan.Although the experiment of modern local parliament failed, Provincial Assembly occupies an important position in the history of the parliamentary system and local self-government system in China. We could neither underestimate the positive significance of it nor deny the modern factors in its operation process. In fact, the experiment of modern local parliament has very important significance for political and legal modernization of our country. Its importance lies not in how far Provincial Assembly move the modernization of our country, but in that it opens the door to China’s political and legal modernization. In a word, Provincial Assembly has left a valuable historical contribution for China’s political and legal modernization.This paper applies the research methods of historical research, normative research, comparative study and so on. First of all, describing the process of the establishment and operation of Provincial Assembly. Second, making theoretical reflections on Provincial Assembly and comparing it with its corresponding institutions in Japan. At last, objectively evaluating the historical significance of Provincial Assembly and revealing its enlightenment to our country’s political and legal modernization.