The Historical Research On The Constitutional Reform In The Late Qing Dynasty With The Law View

After the Opium War, along with a series of unequal treaties China was forced toopen the door. Foreign goods and capital, the continuous influx of Chinese, Westernpolitical system gradually introduced into China. Lin, Wei Yuan, opened eyes to theworld, to Wang Tao, Zheng Guan’s thinking on the constitutional system should beintroduced into China, then Kang Yu earliest practice of the constitutional reform, thevarious social strata in China during the spread of constitutional reform and practice.Qing government started to reform in order to adapt to the trend of worlddevelopment and maintenance of their rule, while in 1904 the occurrence of theRusso-Japanese war, the constitutional monarchy small country Japan to overcomethe feudal autocracy big country Russia, the Qing government more understanding toconstitutional reform powerful boost power to the state as a result. In 1905, the Qinggovernment sent five minister go abroad to study Western political, unveiling aprelude to constitutional reform. In the subsequent 1906 to 1911, the Qinggovernment to carry out drastic reforms, reform of the central and local Bureaucracy,established in the central advisory council established in the local capital Yee Kuk, theimplementation of local self-government promulgated the Constitutional Frameworkof the binary system of constitutional monarchy documents "Imperial Constitutionoutline the major tenets of 19".In the traditional Western political theory and constitutional theory, constitutionalcore issue is how to limit the political power. The United States, Britain, Germany,Japan, the four representative constitutional state also have their own different wayson how to limit the political power. The Qing government went abroad to study thepolitical object of the Secretary of State also in these four countries.So it is necessary to learn from the western countries if they want to complete the constitutional reformin a short time,as never has a constitutional traditional. Constitutional reform in Chinastarted from the bureaucracy reformation. Over the years, the distinctivecharacteristics of Chinese society under the feudal autocratic official position, but tothe capitalist nature of the constitutional reform, Bureaucracy reform is essential. TheQing government in the central original Officials households ceremony, soldiers,torture, working six transformation, the expansion of the Ministry of Foreign Affairs,the Ministry of Personnel, Ministry of Civil Affairs, the branch, the Ministry of Rites,Division of the War Department, French Ministry of Agriculture, Ministry ofPostMissions Department, Ministry of rationale fan of eleven otherwise Daliyuan,Censorate both houses, new Buyuan structure. Structure optimized at the localofficials weed out the superfluous and unqualified government counties redundantofficial; set up the Chamber, to change the situation of local affairs before all thegovernors and management; located courtrooms at all levels, the separation of judicialfunctions from the local administration; reflects the Western constitutional judicialindependent of the important principles.Conference Board, in fact, the local councils of the Western capitalist countries,provinces, the Conference Board of the Constitution and the Conference Board ofelection of members of the Constitution are two important legal documents, these twolegal documents, proposed capital The Board formed a detailed description. TownTownship Charter of Local Self-Government and the town Township, local electionscharter local self-government of the Qing government legal documents and importantrole in guiding the implementation of local self-government of the Qing government.China’s earliest with the administrative institutions of the "parliament" is theadvisory council. For an important national authority, there is a tight and rationalconstitution is very important, from 1908 to 1911, the advisory council Constitutionhas been revised three times, finally decided on the operation mechanism of theadvisory council, so that the constitutional reform of the Qing government to enterinto a substantive stage.Two important constitutional document - "imperil the Constitution Outline and major tenets of 19" in the constitutional reform of the Qing government. ImperialConstitution Outline is a programmatic document of the constitutional reform of theQing government, plays an important guiding role in various types of constitutionalreform. "19" of major tenets of the constitutional documents of the Qing governmentissued by the British-style constitutional monarchy under the pressure of therevolutionaries and constitutionalists, although did not play a substantive role, but inthe Chinese constitutional history also plays an important role.