A Study On The Problem Of The Proposing Of Writing Confucianism Into Tiantan Draft Constitution

At the end of the Qing Dynasty and the beginning of the Republic of China,the Sino-Western culture was confronted with the wave of confrontation,and the ups and downs of the Confucianism in the course of the migration of the Confucianism.Under the violent impact of modern western artifacts and ideas,traditional Confucianism was irreversibly pushed to the center of contradictions between Chinese and western cultures,while Confucianism was interpreted by Kang Youwei as a religious religion and was established.Respect hole organization hole church,spread hole teaching thought.Under the impetus of Confucianism,the issue of the draft of the draft of the Republic of China was raised,and the question of whether or not the Confucianists should be written into the constitution,in what form Written into the constitution and other issues launched a heated debate.The period of the reconstruction of the cultural identity is divided into two historical stages,namely,"the drafting stage of the Temple of Heaven","the council and the second reading meeting",era" This article will be in accordance with this time to sort out the hole to teach the constitution of the causes and consequences,to be divided into three chapters to start this research ideas:The first chapter is the origin of the problem of Confucianism and Confucianism,and the essence of Confucianism into the constitution can be attributed to the"legitimacy" of the rule of modern political evolution,which in turn affects the cultural identity crisis in the ideological field The For this reason,the legitimacy of the rule is pointed out,and the legitimacy of the rule refers to the consent and support of the people on the basis of traditional or accepted norms.When the people are willing to make political obligations to the ultimate authority,this authority has legality.And in the two different contexts of Chinese and Western,respectively,to take the Confucian doctrine and social contract theory two different ways to explain the legitimacy of the rule.However,after the loss of political background in traditional times,traditional Confucianism has been questioned by pointing to the center of contradictions between Chinese and western cultures.In the era of value reconstruction,Kang Youwei and his disciples tried to transform Confucianism.They explained Confucianism to Confucianism with religious traditions and created Confucianism with traditional Confucianism and Western religious thought.The spread of Confucianism in the whole society was influenced by the Confucianism.Not only that,the various activities of the Church Church also directly promote its Confucianism as the state religion.Under the combined effect of these two aspects,the issue of Confucianism in the process of the Constitution of the Temple of the Tang Dynasty was put forward.The second chapter is about the Confucianism into the constitution of the specific narrative.The debate is divided into two stages,namely,the first congress of the Republic of China and the reorganization of Congress after the dissolution of Congress.Although the two stages have involved in the struggle to enter the constitution,but the breadth of the problem is different.On the whole,the second stage of the reopening of the post-congressional mission is more intense,and the issues are more profound.The third chapter is the analysis of the focus of the controversy over Confucianism.Two,the relationship between law and morality;Third,the Confucianism into the constitution is not consistent with the republic;its four,Whether the Confucianism for the state religion will be Mongolia,possession of split,lead to war.Confucius and anti-pilgrims have stated their own reasons.At the same time,the public opinion outside the parliament has also given a strong concern to the dispute.In the beginning of the Confucianism,the voice of the Confucianism has been supported by the community,and the voice of opposition has gradually risen after the founding of the People's Republic of China,To the new cultural movement leaders Chen Duxiu,Li Dazhao and others as a representative of a group of intellectuals,put forward against the feudal tradition of Confucius theory,but also on the issue of Confucianism into the constitution expressed strong opposition.In the fourth chapter,after the end of the debate on the Confucianism in the Temple of Heaven,the influence of the later regime in the constitutional activities can be regarded as the historical remnant of the Confucianism lesson.Through the study of the constitutional text of the post-period period,it can be found that the constitutional activities after the beginning of the People's Republic were also affected by the controversy over Confucianism.Specifically,the late Northern Cao Kun Constitution appeared in Article XII "The people of the Republic of China respect for Confucius and religious freedom,non-legal,unrestricted" this article,there is still the history of the remnants of the dispute.In the constitutional activities of the National Government,the draft Constitution of the Republic of China(the draft of the Republic of China)put the Kuomintang Party "Three People's Principles" into the first chapter:"The Republic of China as the Three People's Republic".These are the result of the influence of Confucianism.Finally,the concluding part is a reflection of the emergence of Confucianism and the debate on the Confucianism.The emergence of Confucianism in the early period was the echo of the modern Chinese intellectuals in the face of the political crisis,in the field of thought.As one of the representatives of Kang Youwei and others,their spirit of exploration is worth learning.But the question that is worthy of reflection is whether the system itself can be transplanted from the cultural traditions,and the revelation of the Confucianist ideology in the early days is the result of this.In this paper,it is argued that the practice of Confucianism is an unavoidable topic in constitutionalism.Followed by Confucianism controversy twists and turns,protracted,and then the degree of understanding of constitutionalism has a great relationship.Members of the constitutional spirit of the lack of understanding of the progress of the constitutional process also played a hindrance.At the end of the constitutional transplant process,the localization of the law is worth pondering.The study of foreign constitution,must be based on the country based on,can not ignore their own cultural foundation.