Equality And Constitutionalism

On the background of the constitutionalism of Qing Dynasty, this paper discusses from historical and legal point of view ,the equality respected by the Western constitutional countries and its historical meaning, pointing out that modern national democratic countries protection of people's equal rights are through the Constitution its relevant provisions of law and through various legal procedures . Accordingly that has also become an important component of the constitutional reform of the late Qing Dynasty. "sovereignty exerted by people" principle provide a powerful ideological weapon for the despotism country including old China. Examining the adoption and the realization of the equality principle by the government , we will find the Qing Dynasty's establishment of Constitution is influenced by the western social trends promoted by the elite of the country and mixed by the traditional concept of "rule of moral" as well as the modern concept of "rule of law". Although the memorials, indictions, as well as the specific laws introduced in the text reflects the maintenance of imperial power class, the privileged class interests, but the reform's efforts for the Modernization of the legal system can not be denied. Though there is a lot of shorts, the inevitable demand of equality by constitutional state has really taken an epoch-making step. Moreover, the cultural factor and the people's understanding of the rights all played a decisive role in the reform of the country and the society. In particular, the concern and the protection of people's demands, is the foundation of the public social harmony and national development as well as the key to the success of the reform.And this paper also pointed out that in the course of the building of "rule of law " country, we should absorb the fine traditions of China's culture, fuse them with modern legal culture to create a new culture of integration. As is well known, the cultural integration of modern times is a fascinating topic, the exploring of the history will exhibit the far-reaching effects to the political society, legal system, in particular the rights of the people. And the positive effects still play an important role to this country and can not be ignored . This paper from the perspective of the relationship of equality and constitutionalism exhibits the situations of that times.