Abstract: (to the old bear fishing snow)

   The current high school history teaching and the review of our paradigm, the famous scholar Feng what put forward "the proper use of the modernization paradigm, pay attention to guide the students to grasp the world and Chinese modernization of modern history, which greatly improve the teaching quality of modern and contemporary history review. "At the same time, in the article he also made clear the meaning of modernization," the general view of modernization, mainly for economic areas of industrialization and marketization, democratization and legalization of politics, rational and scientific ideological and cultural field ". Below, the author tries to from the Modernization Paradigm Perspective, a brief analysis of the high material involved in the development of modern and contemporary history of the constitution Chinese clues, as an attempt to the modernization paradigm used in teaching.

One, "imperial constitution outline" -- Chinese first modern constitution

As everyone knows, the constitution is the fundamental law of the state, it is the inevitable outcome of the development of human society to capitalism, it is accompanied by the bourgeois revolution and regime and in society. The western capitalist countries in the process of the bourgeois revolution, have developed and perfected their own constitution, the country embarked on a legal track, and Chinese due to a long period of feudal society, cannot have its own constitution. Until the end of nineteenth Century, as the national crisis deepened, China national bourgeois reformers such as Kang Youwei, Liang Qichao proposed to Chinese civil rights, set up Parliament, constitutional monarchy, but with the reform movement of 1898 failed, their constitutional dream will vanish like soap bubbles. At the beginning of the twentieth Century, in the face of bourgeois revolutionary situation of vigorous development, to maintain its reign of be placed in jeopardy. The Empress Dowager Ci Xi had to play the "reform" and "new signs, sent five ministers abroad investigation" and announced the "constitutionalism", and in 1908 promulgated the "J" outline of the constitution?. The text has fourteen items are "Eagle on the power", the main content is: a series of Qing emperor the Qing Empire eternal, permanent permanent statue wearing; monarch dignity, shall not be infringed; laws, the dissolution of Parliament, the commander of the armed forces, war, peace, contracting, dispatch and acceptability of princes, grand tour en pardon, assuming the judicial powers. From the purpose and content of the formulation of the Constitution? E is not difficult to see, it is to maintain the reactionary rule of Qing Dynasty, deception and paralysis of the masses of the people, however, from another point of view, we should see that it is the first China history has a modern sense of the constitution, the constitutional issue has become a major social hot at the time, so that the majority of China people in certain degree understanding to constitution is how one thing, a certain role in promoting the legalization process China modern.

Two, "provisional constitution of the Republic of China" -- the modern China first bourgeois constitution

In January 1, 1912, the bourgeois revolutionaries set up a provisional government of the Republic of China was established in Nanjing, formed in February 7th, led by Song Jiaoren, the constitution drafting team, after intense work, a month of three drafts, and finally in March 11th published the first modern Chinese bourgeois Constitution -- "provisional constitution of the Republic of China". The full text altogether has seven chapters, divided into 56, and its main content is: the sovereignty of the people "bourgeois democracy principle that"; provisions of the Republic of China is a unified multi-ethnic country; on the basis of the "Regulations" separation "principle by the Senate, President of the State Council, the exercise of the court of the Republic of China, the ruling power to confirm the protection of private property; regulations; the people's rights and obligations; strict provisions of the constitution revision procedure etc..

"Provisional constitution of the Republic of China" is the first Chinese bourgeois republic constitution in modern history since the Opium War, the people fighting for democracy in the 70 years of achievements in the form of fixed, so that the "Democratic Republic" concept to win support among the people, Chinese democracy and legal process to a new stage in accordance with the implementation of the constitution of Democratic Republic, should say that has milepost sense in China legal process, is the highest peak in Chinese national bourgeoisie constitutional movement.

Three, the northern warlords, the Kuomintang Constitution -- China modern legal road twists and turns

1, during the period of the Northern Warlords

Yuan Shikai under the support of imperialism, steal the fruit Xin Hai revolution victory, as the stability of the president of the Republic of the throne, and gradually realize the imperial ambitions, he abolished the "provisional constitution of the Republic of China", produced "Republic of China Constitution", the ten chapter, a total of 68, compared with the "provisional constitution" of the Chinese the Republic of China, and its main feature is, cancel the responsibility cabinet system, the implementation of the presidential system; the dissolution of Parliament and the president veto power; control legislation, administrative, military, financial, judicial power has become the Supreme ruler. Yuan Ji was "constitution", completely denies bourgeois democratic republic system, confirm the feudal autocratic warlords, to Yuan Shikai's restoration of emperor made public opinion preparation and paving the way, seriously hampering the legalization process China society.

Yuan Shikai made 83 days after the emperor in the upper and lower die under direct leader denounced, Cao and staged a scene of "bribery president" and "constitution of bribery" farce. First dispatched troops to surround the Congress, the sold out lawmakers "selected" Cao Kun for president, and rushed the Constitution Constitution held cloth ceremony on October 10, 1923, known as the "constitution of the Republic of China", but as Mao Zedong said "the constitution, Chinese have had, Cao Kun is not promulgated the Constitution? But democracy and freedom in where? ③"

In 2, the Kuomintang

The Kuomintang government in June 1, 1931 promulgated the "provisional constitution of the Republic of China," the period of political tutelage, the constitution confirms the Kuomintang dictatorship and personal authoritarian political system from the law, created national? Skeleton 2 paralysis? "Nine one eight" incident, the Japanese invaded China on a large scale, Chinese people face "ruin the state and destroy the race" threat, the Anti Japanese the democracy movement in great in strength and impetus, "power to the people". The national government pressure forced the situation in May 5, 1936 published the "five five draft constitution". From the perspective of the content, but it is a replica of the Yuan's constitution, its purpose is for the history of the Kuomintang authoritarian service, however, "five five down" the drafting of the guiding ideology and theory as historical cultural heritage or many?? can place, such as: "the constitution should be suitable for national conditions, consistent with their natural history, current situation; to sum up the practical political experience, to establish a sensitive, can concentrate on national political system; the contents of the draft principles should not many words, clauses, in order to concise and so on. "Therefore, the" five five down "in the legal system of modern road China striking one snag after another, still play an important role in.

After the victory of Anti Japanese War, the political entity Chinese held a conference in Chongqing in 1946 January, passed "the resolution of the problem about the draft constitution", however, less than half a year, Jiang Jieshi of the Jiefang District offensive. Later, in disregard of the opposition of the people, a hand held a pseudo National Congress, passed the so-called "constitution of the Republic of China", basically is the "five five down" the transplant, to make only superficial changes, further strengthen the Kuomintang's one party dictatorship and Jiang Jieshi's personal dictatorship, was the National People aside.

Four, the leadership of the Communist Party of China people's Constitution -- hope that with the development Chinese legalization process

1, "outline of China Soviet republic constitution"? - China history first people's constitutional documents

  The winter of 1931, the Soviet National Congress held in Ruijin, the establishment of the Chinese Soviet interim government. Formulated the "Outline" of the Soviet constitution, its main content is: (1) confirm the nature and task of revolutionary regime, namely, the worker peasant democratic dictatorship and the struggle against imperialism and feudalism; (2) the provisions of workers and peasants Congress is the political power organization form; (3) the provisions of labor of workers and peasants basic rights of people in all aspects of politics, economy, culture; (4) announced the basic principle of national equality and foreign policy; (5) confirm away the imperialist powers in China forces, unified Chinese regime of objective. "Outline" is the first people's constitutional documents China history, although its content is not complete, the style also is not perfect, but it summed up the revolutionary regime construction experience, Fu the people's democracy, freedom, fundamentally different from the previous constitution, become the basis and model of Chinese people after the constitution, big greatly promotes the legalization and democratization of Jiefang District consciousness.

 2, "Chinese people's Political Consultative Conference common program" - the new Chinese interim constitution

With the victory in the war of liberation, the liberation of the people become a foregone conclusion, in 1949 September to prepare for the establishment of the new Chinese, CPC and the social from all walks of life Democrats held China people's Political Consultative Conference in Beijing, through the "China people's Political Consultative Conference common program". The nature and role of it, Mao Zedong explicitly pointed out that "this is our country's fundamental law" "is to check the work discussed criteria. The " " common program "as an interim constitution, have obvious features of transition, carry out and implement the effective, play a good role in the early days after the founding of the society, strengthen the legal construction in our country.

 3, 1954 "people's Republic of China Constitution" - the people's Republic of China's first constitution

After the founding of new China, people across the country after several years of efforts, the national economic recovery, the new people's political power consolidation. In 1954, the first session of the National People's Congress was held in Beijing, Congress enacted a "people's Republic of China Constitution". The formulation of the constitution, the right of absorbing international experience, but also with reference to the international experience. Our constitution of 1954 is the architecture with the preface, four chapters and 106, from the content point of view, is the inheritance and development of "common program".

The 1954 Constitution in our constitutional history, in the legal system modernization road status play a decisive role, it according to the National People's consensus, the establishment of the socialist system and its path and goal, it in the people's democratic principles as a guide, established the state system suited to China's national conditions, and a complete set of basic rights and duties of citizens. But the constitution after careful drafting process, extensive solicitation of opinions, put up a pageantry propaganda, improve the people's legal awareness, more win support among the people. Therefore, in the initial years of the constitution, the constitution of 1954 played a significant role in national life, greatly promoted the development of the cause of socialist legal system.

Above, is in a history of high materials related to the content of the constitution, the author uses the modernization paradigm of the carding and evaluation, the author thinks and evaluation in this way, can more objectively to Chinese modern legal process to locate the correct view of history, to help students form. As Mr. Luo Rongqu said "the modernization as the center to study and evaluate the history, must take the modern productivity, economic development, political democracy, social progress, international integration and comprehensive mark, to historical events and figures in the objective orientation of new."