Font Size: a A A

Yang Youjiong's Constitutional Thought

Posted on:2016-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:W C LiuFull Text:PDF
GTID:2336330482458057Subject:Legal history
Abstract/Summary:PDF Full Text Request
Mr.YangYoujiong's academic research focuses on constitutionalism, constitutional, legislative theory, political and legal thought problems. Especially in the aspect of constitutional government, which has been walking in the forefront of the constitutional research at that time. For the study of the constitutional government, it also makes him observe and think about the transformation of China's political, democratic, political party and its influence on Modern China from a deeper point of view. In addition. He also on the modern legal thought has a thorough and meticulous research and done a comparative study of the trend of the evolution and transformation process and constitution of five powers of the spirit of the legislation. At the same time, Yang Youjiong also to the right of civil rights, how to exercise the interpretation of the legislative theory, and these are contained in his thorough study of the history of modern Chinese legislation. His broad knowledge,in addition to the above the main research contribution. He also on China's officials:the own opinion: regardless of the law, is the people's government and the code of conduct, if only treatment and no treatment, the legal equivalent to the dummy, so in his view, the administration of officials and the rule of law in Chinese political development process is marched them both. Yang Youjiong this view, in the current situation of China held high the banner of corruption, has a positive meaning, should be the rule of law and the rule of law, the people, the rule of law as an important part of the country.Yang Youjiong on the three people's principles especially admired. In his view, Sun Yat Sen put forward the three principles of the people is in order to meet the needs of all citizens need the spirit of crystallization, from a scientific standpoint is detached all of time and space constraints, is based on social facts, ancient and modern, Chinese and foreign, all history. The three principles of the people living with man as the center, it is consistent with the law in order to human life needs and requirements. The three principles of the people is fully established the fundamental driving force for the Chinese social basis of the people's livelihood and social change, in other words, associated with changes in social people's livelihood changes, in the form of social organization also with the livelihood of the people of the state and decided to. The change of human society and culture is based on the requirement of the students. Human beings have to work hard in every aspect, which is the result of the formation of the nation's political and legal relations. This is the relationship between the three principles of survival and the survival of the comprehensive performance method.Democracy and constitutional government is an inseparable system, but democracy and constitutional government seems to be an inseparable, because the focus of democracy is not entirely on the law, it is more like a permanent discussion of human society, political and legal issues. Every social civilization is inevitable to answer this question. Yang Youjiong in many of the articles are devoted to the theme of democratic constitutional. Theoretically, we can put democracy divided into direct democracy and representative democracy. Direct democracy is the right of citizens to participate in the management of the state. For the current situation in the world, because of the huge population and the participation of all countries in the management of the country, it is bound to cause chaos, so no country has taken the form of direct democracy. The indirect democracy of representative democracy, under the system of democracy, by the majority of people through certain procedures selected a small part of the people, on behalf of their exercise of the power, management of state. But the main shortcoming of this kind of democracy is that although this part of the people is produced by the election, but in fact they will not be able to reflect the will of the majority of voters, but people living in the scope of the gradual expansion of the old, the election of the people's understanding of the extent of the less, resulting in the information of the. But reality in democratic countries in order to make democracy can be implemented are generally taken by the eclectic approach, representative democracy system. The most straightforward carrier is representative organization, namely the house. Is China's thousands of years of history, never representative system.
Keywords/Search Tags:Yang Youjiong, Constitutionalism, System construction, The three principles of the people
PDF Full Text Request
Related items