The Study On "the Qicheng Constitution Draft"

The Chinese people were continuously pursuing to realize the political and democratic ways in order to win the final victory in fight against aggression,especial the institutional government movements is one of the most principle forms.Underlying the Anti-Japanese National United Front,democratic parties put forward many the reform plans themselves in the environment.During the middle parties launched two the institutional government movements.The starting point of first was to convene a meeting in 1939,the symbol of second established in the Constitutional Reform Association in1943.Concerning the research of first institutional government movement only stops over the stage of historiography, scholars are few to research the text of constitution about the May-fifth constitution draft (herein called "the Qicheng constitution draft").The Qicheng constitution draft,which implies the idea of the separation of the executive,legislative and judicial powers,was deadly blow to the dictatorship rules of the Nationalist party.In other words,prior to the mid-twentieth century,many texts of constitution in china(including constitution and constitution draft),especially the design of regime of the Qicheng constitution draft is nearly the connotation of constitutional democracy,which should have the most status in the constitutional history.The essay is divided to four except introduction and conclusion,approximating 32 thousands words.Chapter one elaborates the political state and formation of the Qicheng constitution draft. The explosion of War of Resistance against Japan provided the advantage political environments for the dictatorship rules of the Nationalist party.The Nationalist Party Government revised the political power organizations,which established the institution of presidency,built the supreme National Defence Council,and established the single-party state of the Nationalist party,which is the central of Jiangjieshi.The Nationalist Party government learned that it is unable to success to the war against Japan by oneself,and need to arouse. masses to participation,of which democracy is necessity.Therefore,the Nationalist Party government consented to establish the People's Political Council,which is an agency of that the different political parties and democrats participate and discuss.The peoples of the different political parties drafted the text of the Qicheng constitution draft using the positive factors of the People's Political Council.Chapter two discusses that the Qicheng constitution draft amends the May-fifth constitution draft.The explosion of War of Resistance against Japan eve,the National Government promulgated the May-fifth constitution draft in order to protect self-interest and cope with the requirement of constitutional democracy by other providing.However,the content of the May-fifth constitution draft deviated from the essentiality of Sunzhongshan's doctrine,that is,people enjoyed directly political power,and was able to supervise the power of governance.In fact,the regime was that people haven't power but the National Government has high-degree centralist power,which is disagreement of requirement of constitutional democracy.In the end,people criticized and revised the provisions of mismatch constitutional idea.Chapter three argues that the Qicheng constitution draft is revised according to the regime of separation of powers.The separation of powers of the Qicheng constitution draft is formed though researching and inspecting the western's separation of powers.For the purpose of alleviating the resistance of the Nationalist Party Government's political reform plans,and prompting to terminate the one-party system,the Qicheng constitution draft adopts the constitution of five powers,which isn't simple to mimic but to lead the soul of western constitutionalism into the text in the course of exerting the constitution of five powers. Ultimately,it forms the relations of interaction and supervision among the legislative power, the administrative power and judicial power.The pattern has defects,which the legislative power is obviously dominant,but it has huge improvement in the way of constitutionalism.Chapter four interprets the historical destiny and value of the Qicheng constitution draft. The passing of it will terminate the single-party state of the Nationalist Party Government and the dictatorial rule of Jiangjieshi.Of course,the Qicheng constitution draft can't be fond of the Nationalist Party,and only be terminated.However,the meaning of any constitutional text lies its embodying the factors of democracy,which is used or not by the follows.The principle of constitutional draft after the triumph of the war against Japanese has inherited the idea of democratic constitutional rule.