The Influence Of American Constitution On The Constitutional Government Of The Republic Of China

The imbalance between regional development and legal development in the world determines the inevitability of legal transplantation and legal integration.For the countries whose legal system is still in the traditional and backward form,in order to accelerate the modernization of the law administration,it is necessary to transplant and integrate the laws of developed countries appropriately.The constitution of the United States has had an impact on other countries in the early stage of its formulation,and its original and implemented idea of constitutional governance has played a role in promoting the legal development of other countries.Tracing back to the modem times of our country,the new-born bourgeoisie regarded emulating the western political system as the way out for China's development,especially for the reference and transplantation of the American Constitution.During the period of the Republic of China,the constitution of the United States was imported into China,and the constitutional ideas of presidential system,federalism and separation of powers and checks and balances had a profound impact on China's legal system and social change.The dissertation is divided into six parts.The first part summarizes the constitution of the United States,including the historical background of the constitution,the distinctive characteristics of the constitution and the significance of the constitution.The second part explains the spread of American Constitution in the period of the Republic of China.The introduction of American Constitution mainly includes the following three ways:Translation and publicity of businessmen,tourists and international students;Translation and research in academic circles;The application of bourgeois revolutionaries;The third part is about the influence of American constitution on the thought of constitutional rule of Republican statesmen,and reveals the important position of the American constitutional factors in the process of formation of Sun Zhongshan's and Song Jiaoren's thought of constitutional administration,and through the contention of the top-level design system between them.Thus,it affects the trend of the Republic of China's constitutional rule;The fourth part,according to the historical changes in the early period of the Republic of China,explains the specific embodiment of the American Constitution in the ideological trend of the early period of the Republic of China,respectively from the system level and the concept level.The formulation of "Ezhou Contract Law";the formulation of the Organizational Outline;the enactment of the Temporary Provisional Constitution;Human rights legislation in the early Republic of China;and the constitutional idea of Zhang Junmai's,Wu Jingxiong's and Zhang Taiyan's etc.The fifth part shows the influence of American Constitution on the Constitution of the Republic of China in 1946.The sixth part is the conclusion.