From Yue Fa To Constitution:Study On The Constitutionalism Stage Of Modern China

China's two thousand years of autocratic monarchy had been broken by the Western naval guns since the late Qing Dynasty,and then the change happened slowly.Because of the occurrence of the Wuchang Uprising,it finally collapsed overnight.Revolutionaries led by Sun Yat-sen believed that the only way to save China is to subvert the autocracy and to establish a civil rights state.And how to build a civil rights state in the modern sense was the key.Sun Yat-sen creatively put forward the revolutionary procedural theory,which stipulated the order of establishing the Republic of China."Governance of Yue Fa" was an important part of it.From the "a three-point law" to "Governance of Yue Fa",it was the change of China from the commitment of the ancient monarch to the people to the "sovereignty in the people",the change from "no right" to "the right".Sun Yat-sen believed that in order to establish a truly democratic country,people should be the master of the country inevitably,because people have the ability to self-government.Sun Yat-sen's idea was not accidental at that time.Beset with troubles internally and externally,Chinese people were forced to think about ways to save the nation.Learning from the political system of the West,to establish a democratic constitutional state became the mainstream at that time.Therefore,paying attention to the people and making the people "have the right" had become a consensus.Rousseau's "The Social Contract" took this opportunity to spread widely in China.From another point of view,rooting of the thought of "civil rights" in China and the propagation of "The Social Contract" had affected and promoted each other.As for how to achieve "civil rights",the revolutionaries and reformists put forward the "Yue Fa theory" and "enlightened autocracy" respectively,the two sides launched a fierce debate on this,and finally ended with the ceased publication of Xin Min Cong Kan.From the view of later history,"Yue Fa theory" achieved the final victory.And the establishment of the Republic of China turned the "Governance of Yue Fa" from theory into practice.From the practical point of view,the purpose of the design of "Governance of Yue Fa" is good,but the problem also appeared in the implementation process.This paper takes "constitutionalism stage" as the research object and studies on how to form and develop it,looking forward to having a certain inspiration for China to solve the dilemma nowadays.