The Advisory Council In Constitutional Movement Of The Late Qing Dynasty

From the end of the 19 th and the early of 20 th Century, Qing government launched a New Policy in order to maintain its reign in face of the raging democratic revolution.At that time,the practice of constitutional spread all around China.Since then, five ministers of Qing government went overseas to learn the advanced Western parliamentary democratic system. As a result, the Advisory Parliament was established as a guinea pig of the first constitutional democracy of China.In the first the Advisory Parliament in purpose of make the country rich and its military force efficient. Although the purpose decides its fate,but the historical significance in the practice of the Advisory Parliam can’t be ignored.It is the beginning of parliamentary democracy,and recorded the transplantation of western constitutional culture in China.It’s laid the foundation of the constitutionalism,and provide the experience of political and legal modernization.This paper reviews the Advisory Parliament in the change of history from the perspective of legal history. The full test consists of six main parts.The first part is an introduction of the research background, significance, status and methods.The second part clearly shows the historical background of the Advisory Parliament’s establishment based on time by summarizing the historical background, discussing and analyzing the constitutional thoughts and movement of the late Qing Dynasty especially after the Hundred Days’ Reform of 1898.The third part mainly introduces the establishment and operation of the Advisory Parliament in order to comprehensive represent the panorama of the Advisory Parliament in history from the aspects of the preparatory establishment, election of members, authority structure, operation, dissolution, etc. and acknowledge the nature and characteristics as well as analyzes the reason of dissolution of the Advisory Parliament fundamentally.The fourth part focuses on comparing the Advisory Parliament and the parliamentary political theory by the theoretical reflection of the Advisory Parliament, including how the parliamentary political theory generated and introduced to China as well as influenced the establishment and operation of the Advisory Parliament, so that we can be more in-depth analysis of the successes and failures of the Advisory Parliament.The fifth part introduces the development of the British Parliament and the Japan Congress,and compares with the Advisory Paliament about the nature and the powers.With the backgrounds of comparative law we make the comparison of the two.Analysis the difference between the Advisory Parliament and the parliamentary politics,and point out the vacancy of the parliamentary politics in China.The sixth part mainly introduces the inspiration about political and legal modernization of the Advisory Parliament.Analysis the limitations of the Advisory Parliament.Admire its historical contributions and ideas,and provide reference and inspiration of political and legal modernization.