On Influence Of Outside Territory Constitutional Government Culture To YuanShikai Government Constitutionalism

Constitutional government culture has close relation with constitution and constitutional government. Although different person has different understanding to constitution and constitutional government, constitutional government thought and constitution system regarded as the core basic performance of constitutional government culture obtains consistent approval. Outside territory constitutional government culture was well-established, and constitutional government thought might trace ancient Athens, ancient Greece; Constitution system came into being relatively late, regardless of thought that it appeared to 13 centuries, or17th century, England is all regarded as the earliest place of origin. After 18th century 70's, U.S, France and other countries had formulated respective constitution one after another. In 19th century leaf, constitutional government culture started through various ways to spread to China, the advanced intellectual and the government officials were unceasingly impelling the constitutional government to practice, caused it to form an irresistible tidal current. When Republic of China established, soil which could bring about constitutional government culture still did not materialize, and modeling outside territory constitution system became a shortcut. Among them, national party members who had thought of outside territory constitutional government, and foreign constitution consultants played the decisive role. The turbulent political situation caused the constitutionalism to fill twists and turns and variable. Kuomintang had grasped the leadership power of constitution construction in First Session of Congress, Profited from various democratic constitutionalism countries'constitution system, formulated Temple of Heaven draft constitution which were able to reflect democracy republican idea, and could prevent dictatorship and despotism. Being lacked military and economic power, once received counter-system of Yuan Shikai, the leadership of constitution construction lost completely. Afterwards, Yuan Shikai formulated New Provisional Constitution which expanded the president authority sharply. However, the New Provisional Constitution had not been able to obtain strict implementation, and was quickly gotten rid of. However, outside territory constitutional government culture had stimulated the national to equality, free pursue, and democratic idea had already struck root in hearts of the people, Yuan Shikai's proclaiming himself emperor could only perform his individual tragedy. Constitution construction in Yuan Shikai period causes us many ponders and inspiration. Constitution has it's tool value, and more importantly, equality, freedom and democratic idea which it contains enable it to be able to surmount the backward economy and political condition and produced early, counteracted the associated negative influence of tool value, its tenacious vitality cannot be strangled by any reactionary forces .