Research On The Nature Of The Provisional Constitution Of Republic Of China

As“the provisional constitution of republic of China”(that is “provisional constitution”)is set up after the dissolution of congress by Yuan Shikai,and was released a year and a half later,Yuan Shikai open restoration.Therefore,the academic community believe that the formulation of the provisional constitution is paved the way for Yuan Shikai 's restoration of imperialism.It is essentially a constitutional document of the feudal dictatorship.In fact,this evaluation is unfair.The principle of the bourgeois republic is an important criterion for measuring the nature of the constitution.The “provisional constitution” established a series of principles as a whole on the principle of the people's sovereignty,the principle of representative,the basic human rights principle,the principle of separation of power,as an important part of the principle of the bourgeois republic.The "provisional constitution" inherited the guarantee of "temporary provisional constitution" to the people's rights,denied the feudal rank and privilege system,and making the rights protection system more perfect through skilled legislative techniques.The presidential system established by the "provisional constitution" to be conservative,it is not feudal dictatorship.The right of the president is still subject to legislative and judicial restrictions,People have criticized the cabinet system.The "Hyper presidentialism" established by the "provisional constitution" is more suitable for China's national conditions at the time of historical conditions.The correction of "deformity parliamentarism" and Hyper parliamentarism's excessive weakening of executive power.Although correct the error beyond the limit,but the presidential right under the "provisional constitution" is still subject to legislative and judicial restrictions.At the same time,after the implementation of the "provisional constitution",the economy has developed and society has become stable,all aspects of society are quite effective.This shows that the "provisional constitution" has not become the resistance of social development.The provisions of the Qing Dynasty preferential treatment is not as people criticized that is to get the support of the Qing Dynasty royal family and is a precursor to the restoration of the monarchy.Instead of,it is observe the political contract between the north and the south government in the late Qing Dynasty and the beginning of Republic of China.Limited to prevent the territory of the internal and external division and the restoration of the Qing emperor.From the side reflects the maintenance of the Republican Republic's spirit.The "provisional constitution" gives the president an amendment to the constitution revision case,balance between legislative power and executive power,to prevent the Legislative Yuan from monopolizing constitutional rights.The "provisional constitution" stipulates that the conference is a special constitution revision organ,to distinguish between the revision subject of ordinary law.From theconstitution of the technology,the conference is more appropriate than the Legislative Yuan.In short,from the "provisional constitution" and the current historical situation,this article holds that the “provisional constitution” is essentially a constitutional document of a bourgeois republic.Academic research should be an objective and impartial attitude,can not be treated differently because of individual differences.Objective evaluation of the“provisional constitution”,and strive to tap the valuable constitutional experience is an important subject that should not be overlooked.