The Choice Of Democracy And Constitutionlism In China

History is not a one-way linear process, but a combination of fragments. The struggle of powers of every historical event leads to the outbreak of many powers. The reality we see today, not one-way result of the development, but rather a combination of many events. An event which we should pay attention to is the 1946 Political Consultative Conference. This incident reflects the struggle of many forces. The important thing, we look back at history, is to see the forces behind these events. Democracy and constitutional are the standards of establish of modern countries. They are also the concept of nation-building pursuit by that era. The struggle powers generated by the history Fragments are essentially seek to achieve the idea in a Chinese way. China has vast land, specific historical tradition and cultural background. In the particular historical period of war, the territory was divided, the influx of different Western cultures, Chinese traditional appears fractures at different levels in the vast territory, but seems entrenched. In 1946 Political Consultative Conference, three forces’different claims on constitutional democracy have showed this phenomenon. But they all around a theme-how could the orthodox western constitutional democracy combined with the realities of China? Since had a different point of view, then the way for the realization of constitutional democracy has naturally a design of self-centered perspective. In the practice of the construction and consolidation of state power, the ultimate expression is the construction of legal system and formation of legal tradition. They exist essential differences because the different basic ideas. The legal tradition’s economic base, political structure and culture of performance have a profound historical and continuity. So if you want to reform, this action would be a huge change, and the power needed to complete the change is also huge.This paper analyzes the forces formed by the various historical events which appear before and after the 1946 Political Consultative Conference. Eventually would like to explain:which power is the most needed during national development at the time? Why did the state model supported by the strength and the legal system and legal traditions demonstrated in practice will continue to develop and extend?At the same time, what is the most appropriate way for today’s national construction and development? All those above could get inspiration from the history. This article demonstrates the problem with five chapters:The first chapter, trying to explain what is needed for the development of democratic constitutional state under the condition of victory in the War of Resistance? First, analyze the real state of the development of national political, economic and cultural; Second, in such a condition, the country need to develop the private economy and recover agriculture, play the role of intellectuals, foster civic awareness of ordinary democratic and finish the transition from the political tutelage to constitutional.The second chapter, analyzing the guiding ideology of the KMT, internal structure and regime operating to illustrate that the KMT always stick to their own legal system which emphasizes govern country by the Party and the effect of Political Consultative Conference can not be guarantee.The third chapter, analyzing the growth experience of third-party power to illustrate why the third-party power become a "comrade" which the two parties compete for in the political consultations and the possible nation-building program their proposed.Chapter IV, discusses the guiding ideology of the Communist Party and the experience of the regime practice—establish a new democratic republic under the guidance of Mao Zedong. From the perspective of the result of 1946’s Political Consultative Conference, it does not implement the leadership of the Communist Party emphasized by the new democratic theory. But on the premise of a democratic coalition government, there still have the possibility of realize the leadership of the CPC. So the Communist Party still can accept the agreement. But for self-protect, the military power issue will stay until the final settlement which is the contradiction can not be reconciled between the CPC and the KMT.SectionⅠand SectionⅡof Chapter V discusse the nature differences between the nature of modified capitalism which the 1946 Political Consultative Conference embodied and the three People’s Principles proposed by the KMT. The KMT can not make concessions so that the problem can only solved by force. Because the essential differences between the nature of Political Consultative Conference and the New Democracy, after the Communist Party obtained an absolute victory, eventually the new democratic regime spread across the country and develop to the people’s democratic regime. The discussion and analysis of chapterⅤsectionⅢis on the basis of the previous four chapters and chapterⅤsectionⅠ,Ⅱof the thesis. The new China’s development of Democratic can not copy the agreement of Political Consultative Conference in 1946. However, the new democratic spirit absorbed and the new democratic theory and experiences have been given a new meaning in today’s era which needs the ruling party treat cautiously.