Republic Of China Provisional Law Research

This thesis is for the purpose of revealing the historic fate of the only constitutional document of its kind in modern China's history-the provisional Constitution of the republic of dhina, which is characteristic of democracy and republicanism.The constitutionalism in modern China wasn't much related to Chinese traditional cultures.but mainly stemed from the ideology of "sovereignty belongs to the people "in Europe and America. The import of such a kind of constitutionalism was not merely to build up a kind of democratic system.but mainly ,in fact,to meet the nation's need of getting prosperous and strong as well as breaking away from its crisises. On this basis, the Chinese bourgeois democrats.Sun Yat-sen as their leader,built up the constitutionalism theory of "the Three People's Principles",from which therefore the national institution of the Republic of China-the Provisional Constitution of the Republic of China came into being.The Provisional Constitution of the Republic of China was drawn up by Provisional Senate of the Republic of China. The process of drawing-up was actually one of choosing state system,government system and other institutions.To choose state system was relatively easier. But to choose government system was full of variables and contradictions. As the result of fierce struggles.the Provisional Constitution defined the Republic's state system and government system,which brought up fundamental transform of China's social and political systems.so that its contribution was unparalleled.From the view point of fundamental law.the Provisional Constitution defined institutionally such concepts as People, Senate, Provisional President,State Councillor .Court and so on.which was much initiative in China's history.What the writer here pays much attention to is to analyze the deep factors of those systems and political arguments resulting from the interaction between the institutional regulations and embodied spirits of the Provisional Constitution and the people's current believes and the changes of shifting society greatly deviated the good wishes of the bourgeois democrats-the designers of the Provisional Constitution.There was constitutional no constitutionalism and there was legal system.but no rule by law in the early time of the Republic.It is nearly one hundred years since our country drew the first constitutional constitutionalism has not completely realized so far.The aim to trace to its source and analyze its history is to benefit the great cause of our country's constitutionalism today.