The Constitutional Discussion Between The National Party Intellectuals And Non-national Party Intellectuals During The Period Of Anti-Japanese War

As the fundamental law of a country, constitution’s position is completely different from the common law. At the top of the Pyramid, constitution often determines a country’s politics, economy, culture, people’s rights and obligations as well as other basic contents. Since the late Qing Dynasty, the first constitutional document "The Outline of Constitution" was produced, China has made more than ten constitutions or constitutions draft before "May-Fifth Constitution Draft" was made in 1930s. The reason is because of the social chaos, warlord dogfight and regime change at that time. In order to consolidate the power, every ruling party made the constitution which can reflect their own represented class interests. After the establishment of the Nanjing National Government, four constitutional documents have been promulgated. Among these, "Training Programme" and "Political Constitution of the Republic of China During the Training Period" laid the foundation for the formulation of "Constitution Draft of the Republic of China " ("May-Fifth Constitution Draft" in short) in the 1936. The formulation of the "May Fifth Constitution Draft" has experienced 3 years and several drafts. Finally, it was promulgated on May 5,1936. This constitution draft was worked out after take the advice of all aspects, which has a certain degree of democracy. At that time, Chinese intellectual circles discussed this Constitution Draft for quite a long time, and the content was quite extensive. The discussion around the Constitution Draft was also very wide during the period of Anti-Japanese War. However, in this period, the purpose of this discussion is to formulate a new constitution that based on "May-Fifth Constitution Draft", keep the society stable, establish the Anti-Japanese uniform line, and fight aggression from Japan.At present, there are relatively few discussions about constitutional problems during the period of the Anti-Japanese War at home, and most of them pay much attention to one aspect of constitutional movement without deeply researching. However, the discussions about constitutional problems during that period shouldn’t be ignored, and it is also meaningful to study the purpose of those discussions. Based on this, this paper concludes and summarizes different constitutional thoughts and constitutional point of views, and studies their influences on the victory of Anti-Japanese war after the collection of historical data, and analysis of the discussions on this problem during the period of the Anti-Japanese War in Intellectual circles.The first part of this paper analyzes the historical background and the author group of discussions on constitutional problems. The second part and the third part respectively analyze the main content about constitutional problems discussed by intellectuals during the initial stage and middle-late stage of the Anti-Japanese War. The third part is the focus of this paper. Based on the different ideas of the Kuomintang and non-Kuomintang intellectuals, the fourth part mainly analyzes the similarities and differences of their constitutional thoughts, the results caused by discussions on constitutional problems during this period, and the influences on urging national government to actively resist as well as perfecting constitution.