Studies Of LiangQichao’s Constitutional Thought

After the Opium War, while aggression was getting worse and the unequal treatieswas institutionalization, the ancient China can’t survive in the original regulations. Asthe deepening of national identity crisis, making the artists aspired to save the nationand people, who thought about the root of China’s weakness in the way of Europe andJapan to explore the way of China’s independence and prosperity in various schemes.In this process, Some claimed that we should learn western electrical technicalinnovations, others claimed that we should advocate a constitutional and system reform,while some also claimed that we should promote a real democracy through therevolution, and others claimed that we should train democracy and science to competethe reconstruction of traditional culture, etc. These different thoughts gather to becomethe way the activists search, the way to save our nation. And as the most influentialthinker, Liang Qichao, whose constitutional appeal not only reflects national waythinking under the civilization in western heterogeneous intrusion, but also reflectswhere the traditional Chinese culture to go. In order to fully understand Liang Qichao’sconstitutional concept and constitutional status in the modern China, this paper willdiscuss through the following five parts.The first part mainly analyzes the historical background of the constitutionalthought formed by Liang Qichao. Any political thought can not exist without a specialenvironment. Meanwhile, only a political perspective being put into the historicalenvironment, can we catch it objectively and comprehensively. Interpreting LiangQichao’s constitutional thought, we should not only put it into the huge background ofthe development of Chinese modern constitutionalism, but also the small one. Only inthis way, can the constitutional thought made by Liang Qichao be analyzed objectively,in terms of the big background of the development of the Chinese modern history.After the First Opium War, the opening of some trading ports and the ledge entry of theforeigners`factories and goods began to impact on Chinese small--scale economy, which invaded and destroyed the social--economic structure that has existed forthousands of years. From then on, the special-economic structure in China began tochange gradually. As the natural economy breaking gradually, the traditional governingorder, social structure and relationships were all going through toughly than ever.Especially culture, when it met up with modern industrial civilization, which defeatedthe traditional Chinese culture used for explaining the reason of human being and thevalue of human and the world, country, farming and individual, the traditional Chineseculture, which had been open and inclusive and able to avoid great impact of otherpeople1s civilizations safely and update by itself, was imposed to open a door formodern western culture. The world was no longer the one only belonging to China. Itbecame a world controlled by the "world powers". The country was not the one called"The Imperial State". It had become one of the many countries. Also "the being "began to turn into those who treated themselves and others in a global view. All in all,surrounded by the invasion of the western capitalism, tradition thought of pragmatismand practical learning changed obviously. On one hand, learning western advancedtechnology, advanced institution and culture was gradually put into the coverage of thepractical utility. On the other hand, becoming a wealthy and strong country and anindependent people was the first goal of attaining practical use. Progressiveintellectuals arduously implied varieties of methods, such as westernization movement.Hundreds Days of Reform and Constitutional Reform in different historical stage inorder to find some explorations about this country`s way out. Liang Qichao`sconstitutionalism showed us traditional thought of pragmatism and practical learninghad been developing into. Also, it was one of the ways that modern Chinese elitesexplored the way out.The chapter two in this thesis mainly focuses on analyzing the origin of LiangQichao`s constitutionalism constitutional politics originates from the west. It can dateback to "the Great Charter " in13thcentury in Briton, or the federal constitution in18thcentury in America where the origin of western constitutionalism and constitutionalsystem exists. However, Chinese modern constitutionalism and constitutional practicebegan when China was invaded by western capitalist countries. As the national crisisand the danger of Chinese nation went more seriously, modern Chinese intellectualswere trying to find the way of constitutionalism put forward by Liang Qichao.Therefore, Liang Qichao`s thought of constitutionalism was based on wang tao`s and Zheng Guanying`s thoughts in some way and trailered from western constitutionalismin Chinese style, in order to reach the goal of resolving the national crisis and makingour nation and people strong. When Liang Qichao was in his childhood, he consideredlearning traditional classical is to obtain fame as the shortcut of changing his life underthe gradual influence of his father. The acquaintance and the teacher--studentrelationship with Kang Youwei was the beginning for Liang Qichao to learning a newmethodology. If we say being a student of kang was the start of Liang Qichao`sstudying western learning,then Reform campaign was the first stage practice of hiscombination of Chinese and western thought. During that period,Liang Qichao`s ideaof promoting civil rights and getting up the senate,though, was not completely free ofthe influence of previous traditional culture. It was not literally easy that Liang Qichaoconsidered those ideas as a part of the Reform campaign. After the failure of HundredsDays of Reform, the studying experience in Japan and the short experience in thewestern countries was the real beginning of Liang Qichao`s exposition to modernwestern politics and thus established his own constitutionalism. This was a time whenLiang Qichao often talked about and wrote about some influential thinkers from thewestern and Japan, such as Aristotle, Rousseau, Bacon, Descartes, Darwin, Kant, etc.By learning from their thoughts,Liang Qichao not only formed his own thought ofconstitutional politics basically, but strengthen s thought of saving the nation by.Therefore, from the original aspect of thoughts, Liang Qichao`s thought ofconstitutionalism abandons the element of the Chinese traditional culture and it doesnot completely accept the root of modern western constitutionalism either. It issomething that Liang Qichao achieved when he applied the modern westernconstitutionalism in Chinese style.The third chapter illustrates Liang Qichao`s constitutional monarchy. Before theRevolution of1911, Liang Qichao advocate race revolution and democraticrepublicanism temporarily,but later,he gave up the thought for all kinds of reasons.To conclude, constitutional monarchy was the mainly content of Liang Qichao`sconstitutionalism, before Revolution of1911. Firstly, in Liang Qichao`s opinion,inorder to set up constitutional monarchy in China, one must own a correct view on therelationship between country and national sovereignty community andindividuals,civil rights and democracy. Second, what Liang Qichao thinks is thatconstitution parliament government and party is the essential element in forming limited government. In the "The Constitutional Law",he pointed out the constitutionwas the source of all the laws in a country and the promulgation of decrease and lawscan not violate inert, because constitution is where the vitality o f a country lies. Thegovernment is established by the means of folk law and forms a country with peopletogether. Only duty is to help people to life with all the efforts.The second is to preventthe rights of people from being violated. Parliament is the direct institution ingovernment agency and it exists in any countries which put limited government intopractice and it is made up by parliamentarian people elect. Its most basic duty is toresolve laws after deliberation and supervise finance. Party is the political group whichaims to promote national level, object to autocracy and realize constitution regime.Finally, around the constitutional reform in the late Bing Dynasty,Liang Qichaoliving in exile abroad not only stated the though of the constitutional monarchy bydebating with he revolutionary,but also support the constitutional reform of the BingDynasty with much shouting and fluttering of flags by writing books setting up atheory and building constitutional club. In the debating Liang Qichao firmly objectedto establishing "democratic republic" in China, by means of racial revolutionary,butbefore the national qualification reaches. Enlightened autocracy can be only used asthe transit of establishing constitutional monarchy. Besides,Liang Qichao established"zhengwenshe"1907.10in Tokyo in order to better participate in and promoteconstitutional movement in the late Bing Dynasty. Although,it had existed for onlyone year,but it played an important role in arousing nationwide scale autograph topresent a petition to carve the constitutional movement such as the parliament. After itwas dismissed, Liang Qichao took advantage of the newspapers he established topublish many articles about constitutionalism to state his proposal of constitutionalism.The fourth chapter of this article mainly expounds the republicanism of LiangQichao after he revolution of all. The failure of constitutionalism revolutionary in thelate Bing Dynasty, totally ruined the Bing Dynasty`s last chance ofself--improvement,making it come to the historical ending in the storm of snots andshells in the revolution of1911. Not long after the revolution of1911, Liang Qichaowho eats his heart out abroad raised the flag of constitutional monarchy and tended toput an end to the efforts on China by all means. However, with the development ofrevolutionary circumstance, after Liang Qichao came back, his comments andbehaviour changed a lot meanwhile.First, forced by the development of the revolutionary situation,Mr.Liang Qichao proposed "constitutional monarchy" as a kindof solution to solve the problem that our country faced at that time. In the article "toconstruct a new China",while criticizing the federalism, Liang Qichao put forwardconstitutional monarchy by comparing with various kinds of systems,he thought that itwas just like what was implementing in the united Kingdom, although we can notjudge it as the best kind of system, it surpasses the others when we talking about itsflexibility. But his claims were soon dismissed by his times fo its unrealistic. Secondly,after the revolutionary situation became clear and stable,Liang Qichao gave up hisoriginal idea and started to show a supporting attitude to the Republic. When comes tohow to construct the Republic, Liang Qichao also had his own consideration, hethought that the statism,the leader of the middle class, the party politics are critical inconstructing the country. He insisted to his beliefs in objecting the Restoration of YuanShikai (袁世凯). After the the Revolution, Liang Qichao defused the different forcesat that day, which led him to the answer that Yuan is the only one in china in his timesto that can construct a Republic china. However, after yuan had attained the powerand started to slide to the side pf monarchy. Liang Qichao showed a distinct attitude toobject him he in strange. Eventually，in addition to devoting himself to academicresearch,Liang Qichao still published some pieces of these about constitutionalpolitics from time to times, after having stooped back from the political front-line.Besides，Liang Qichao pushed for policies of Joint--provinces`Autonomy, proposingthat every province formulate its constitution and then organize provincial governmentin the light org precocial constitution to achieve self-government and that everyprovince hold the joint provinces`conferences on the basis of the former to establishJoint--provinces`constitution and to set up Joint--provinces`autonomous governmentwhich contributes to making china a unified federal state.The content of chapter five in the text mainly involves summarizing and assessingthe characteristics of Liang Qichao constitutional idea, and this idea reflects theevolutionary process of Chinese social thought an culture in the recent period. With theintensification of social constitutions as well as the deepening of being invaded bywestern capitalism after the Opium War, the statecraft thought,which is in support ofreforming by modifying laws to criticize the reality in the past, developed intointroducing and learning from the west gradually. Second.his constitutional ideas alsogave expression to the development about the institutional theory of saving the nation how to spring up after the failure of the theory of saving nation by using techniques. Inthe same way,his point showed that the intellectuals in modern China deepened theunderstanding toward the west further and constantly. Liang Qichao`s thought ofconstitutionalism puts the traditional culture and western constitutionalism culture intobeneficial combination, making people at that time easily understand and accept theidea od constitutionalism and playing a positive role in propagating democraticconstitutionalism and the right of freedom. For instance, in expounding the thought ofdemocracy, laws congress and evolution, Liang Qichao could not help combining itwith something that has existed on Chinese history and what Liang Qichao did notonly can promote the legality of constitutionalism he advocated, but also quicken thespeed of people`s cognition for constitutionalism. What are transformed is thedeepening understanding of western culture. Finally,there are certain limitations inthe Liang Qichao`s constitutional concept. The limitation is an impassable barrier thathistory endowed to the thinkers at that period. Deep in his thought, constitutionalmonarchy in England is a perfect political system, which can conform public order andremold thee country. Another to say of him, if china adopts the BritishMonarchy,China can avoid the suffering of foreign enemies1invasion and insidefighting, making the country develop in a stable and ordered environment. Based onthis idea before the revolution in1911, Liang Qichao still band the drum for thegovernment of Qing Dynasty who was getting closer and closer to the coffin andconstitutional monarchy he initiated and debated fiercely with the revolutionary.Therefore, the idea that establishing constitutional monarchy on the basis of notchanging original political system was only his wishful thought and considering thespecific condition of china, there nearly had no chance to the realization.