Twentieth Century Chinese Constitutionalism

Author: Zhang Xue-ren
Publisher:
Publishing Date: 2002-06-01
Features: This book was compiled as one of the graduate-level course textbooks for the Constitutional Law direction at the Wuhan University Graduate School, as required by the university. At the threshold of the 21st century, it is a highly valuable and meaningful endeavor to review and summarize the hundred-year constitutional history of China in the 20th century with a scientific and realistic attitude, drawing some insights from it. The book divides the development of constitutionalism into three periods in the order of China's modern history: the spread of constitutional thought and the drafting of the constitution in the late Qing Dynasty, the constitutionalism of the Republic of China period, and the constitutionalism of the People's Republic of China period. The first period serves as a prelude, while the latter two are the "focus." The book consists of 15 chapters. The constitutionalism of the Republic of China period mainly includes Sun Yat-sen's drafting of the "Provisional Constitution of the Republic of China," the "Tiantan Constitution" drafted by the Beiyang warlord government, the "Yuan's Provisional Constitution," the "Cao's Bribed Election Constitution," the "Duan's Constitution," and the legal development during the (political tutelage) and constitutionalism periods of the Guangzhou government, Wuhan government, and Nanjing government led by Chiang Kai-shek. Additionally, it records the constitutional history of the Communist Party of China's New Democratic Revolution. The constitutionalism of the People's Republic of China period includes the "Common Program of the Chinese People's Political Consultative Conference," the "Constitution of the People's Republic of China" (the 1954, 1975, 1978, and 1982 constitutions) and its three amendments. The book dedicates a separate chapter to the "One Country, Two Systems" and the "Basic Law of the Hong Kong Special Administrative Region," which is a distinctive feature of the book. This is because "One Country, Two Systems" is a fundamental policy for China's reunification and is explicitly stipulated in the constitution. It is a unique case in the world, serving as a clear example of socialist constitutionalism with Chinese characteristics. These are derivative laws within the Chinese constitutional system, determined and governed by the sovereign status of the People's Republic of China. The book divides the development of constitutionalism into three periods in the order of China's modern history: the spread of constitutional thought and the drafting of the constitution in the late Qing Dynasty, the constitutionalism of the Republic of China period, and the constitutionalism of the People's Republic of China period. The first period serves as a prelude, while the latter two are the "focus." The book consists of 15 chapters. The constitutionalism of the Republic of China period mainly includes Sun Yat-sen's drafting of the "Provisional Constitution of the Republic of China," the "Tiantan Constitution" drafted by the Beiyang warlord government, the "Yuan's Provisional Constitution," the "Cao's Bribed Election Constitution," the "Duan's Constitution," and the legal development during the (political tutelage) and constitutionalism periods of the Guangzhou government, Wuhan government, and Nanjing government led by Chiang Kai-shek. Additionally, it records the constitutional history of the Communist Party of China's New Democratic Revolution. The constitutionalism of the People's Republic of China period includes the "Common Program of the Chinese People's Political Consultative Conference," the "Constitution of the People's Republic of China" (the 1954, 1975, 1978, and 1982 constitutions) and its three amendments. The book dedicates a separate chapter to the "One Country, Two Systems" and the "Basic Law of the Hong Kong Special Administrative Region," which is a distinctive feature of the book. This is because "One Country, Two Systems" is a fundamental policy for China's reunification and is explicitly stipulated in the constitution. It is a unique case in the world, serving as a clear example of socialist constitutionalism with Chinese characteristics. These are derivative laws within the Chinese constitutional system, determined and governed by the sovereign status of the People's Republic of China.