Look at a middle school historical choice:   

Chinese first modern capitalist constitution:   

A1859 "Zizheng xinpian"           B 1908 years of "imperial constitution outline"  

CIn 1912, the "provisional constitution of the Republic of China"   D 1947 years of the "constitution of the Republic of China"             

   Which would you choose? It must be C. A is a peasant class capitalist country programme; B is designed to strengthen and enhance the feudal nature of the feudal autocratic rule of the Qing government promulgated the code, is a legal form of the feudal autocratic monarchy, borrow the absolute confirmed the name of constitutional, authoritarian practice; D has been known as Chiang Kai Shek constitution, established the Kuomintang one party autocratic dictatorship, is actually a feudal autocracy constitution (in short is Nothing is right..).

 

   Then, is this really the case? Whether or not. I think that during the period of University, still think Chinese, first in modern times to modern capitalism is the nature of the constitution or the constitution is the late Qing government in 1908 promulgated the "imperial constitution outline", "imperial constitution outline" not only has the feudal nature of strong, has a distinctive color of capitalism, and that it is a "in order to consolidate and strengthen the monarchy, feudal code" than it is to "constitution" the Japanese Empire on the two yuan of constitutional monarchy constitutional programme. I believe that history will have a fair.

 

   "Outline" is just a syllabus, the promise in the completed nine years of preparatory constitutional period, issued a formal constitution, unfortunately, did not give the opportunity of Qing Dynasty history.

   This program is only 23, divided into two parts, the first part: the eagle on the power, a total of 14; the second part: the Fu Chenmin of rights and obligations, a total of 9. People criticized the most is the first two "in the first part,A series of Qing emperor the Qing Empire eternal, permanent permanent statue wearing. Two, the king on the sacred dignity, shall not be infringed."And on this basis, put it as "the feudal autocratic nature of the code". In my opinion, this is a shade, interpret out of context, Overgeneralization too. Carefully reading the "Outline" (after the attached paper), will have a different experience. I mention a few points, for reference only.
   

    First, has taken shape the constitutionalism.A monarchy power is limited by law. "Eagle on the power" in 14, the emperor had laws, to convene and dissolve parliament, set up Paul bureaucracy, Chuzhi Baisi, commands the sea army, made during the war, peace, treaties, declared martial law, grand tours amnesty, the overall judicial and other powers, but he is not like the monarchy era monarchs follow one's inclinations, provisions must comply with the provisions of the constitution. At the same time, the emperor in the exercise of power restriction rule when the house, but also by the cabinet and judicial organs. Such as the third "where the law is not in the House approved and promulgated by order, not in the implementation." The emperor, though grant legal rights, but the premise is the law by the house resolution, that is to say, the legislative clear attribution house. As for the "imperial constitution outline" most people criticized the "Qing emperors of Qing Empire, a series of eternal, permanent permanent statue wearing" and "king on the sacred dignity, shall not be infringed", which itself is a constitutional monarchy from the Democratic Republic of the characteristics, all the monarchy, either Russia, or the Japanese are so. Of course, and the throne hereditary monarchy era is different, it is through the cabinet monarch responsible government form to achieve.

The two is basically defined regime organizational form of separation of the three powers. "Outline" of Fu to house to the legislative power, such as the third "Outline"; tenth is basically established the independent judicial power. So, although only divided into "Eagle on the power" and "subjects of rights and obligations" two parts of a total of 23, but from the relevant provisions and the attached file is not difficult to see it on the national political organization form, also by the separation of the three powers has made the corresponding provisions. Although the "Outline" in the legislative, administrative and judicial stands a the inviolability of the monarch to do everything right, the principle of separation of three powers to help you side direction, however, relative to the China inherent political system is not a historical progress.

    Second, the creation of the world human rights. The second part "Outline", although "attached" provided a basic human right, not a formal, authoritative, but this can not deny its legal status and significance. I think this is the first human rights act China, is a great political documents. The history of the world's first written constitution of 1787 American "constitution", there was no any relevant human rights a few isolated words and phrases, usually said American Rights Act was passed in 1791 constitutional amendment, supplement.

"Outline" of the subjects of rights and obligations is only nine, but contains several most important citizen right

Lee. Such as the second "subjects within the law, all speech, assembly and association, and published works, etc., are quasi free", the freedom of association, from the legal affirmation of the civil building groups or parties of different forms of freedom; pairs such as "non - will be in accordance with the law of three subjects, not to arrest, supervision, punishment. Four subjects could judge the case against their submissions. Five subjects should be specifically set by the law of the court trial yamen "these three provisions, judicial independence, judicial proceedings civil rights and personal freedom; and as" property six people and live without undue intrusion." The provisions, the citizen's private property right of inviolability, since the new Chinese was established, through the "property law" until a few years ago; and "eight subjects after taxes now, without the new change in the law, have or lose", this article has traditionally been used to prove the people still on course feudal exploitation, maybe so, but from a legal perspective, can be considered to be established the principle of tax law, which is the important principle of the modern constitutionalism. Our country has not done the statutory tax.

 

    Third, look at the future development. "Outline" amendment and supplement of the Constitution Constitution document "creed" more capitalist constitutional characteristics. "Creed" is under the pressure of the revolutionary situation, issued to save the crisis, but from the legal theory, "creed" further weakened the imperial power, perfect the constitutional monarchy. Its main contents are: announced a cabinet system; Congress has a constitution, a constitutional amendment, the election of prime ministers, declaration of war, peace and financial power; royalty shall not as prime minister and other ministers of state, and the chief executive; listen to the Royal funds by the Congress; the emperor authority and the royal ceremony by the constitution. Unfortunately, "creed" failed to save the demise of the Qing government.

 

    Fourth, comparing to see the true meaning.Compared to the same period of capitalist countries of the constitution, the visible. "Outline" is modeled on Japan's modern constitution, the Japanese Constitution and the modern German constitution. 1871 of the German Empire unified German Empire after the enactment of the "constitution" is a strong authoritarian and militarism constitution part, it establishedThe emperor's autocratic powers, inherited the Prussian militarism ideologyYi tradition, the emperor has the supreme executive power, legislative power, judicial power and the military power; 1889 "Japanese Di GuoxianMethodMing ZhixianMethod) promulgated, the ConstitutionMethodA lot of plagiarism and copying of the 1850 "Prussian constitutionMethod"In 1871 and" the Imperial German constitutionMethod". It clearly pointed out in the first chapter: "the Japanese Empire ruled by a series of ages of the emperor." (we can say, the Qing government's "Outline" completely copied this one).

"Article second the throne, in accordance with the provisions of Huang Zong model , from the sons of Royal male line succession.

Article third the emperor inviolability.

Article fourth the emperor as head of state, assuming the right to rule , in accordance with the provisions of the constitution of the.

Article fifth in accordance with the emperor the imperial parliament co praise , the exercise of legislative power.

Article sixth the emperor approved the law , order the announcement and implementation.

Article seventh the emperor summoned the imperial parliament , its meetings, meetings, stop and the dissolved, with the emperor." In all, the stateMethodTo establish the constitutional monarchy system as the center to the emperor. In this system, the emperor detached fromMethodLaw, shall not be infringed. Cabinet shall be responsible to the emperor, the parliament is useless, the emperor as feudal power supreme monarch.

   The two constitution with strong remnants of feudalism and militarism, this is the side of things, but also to see the other side of things, namely the two constitution are in law stipulates the basic content, capitalist constitutionalism so, are in modern capitalist constitution, at least can be characterized as: with capitalist nature thick feudal constitutional. And their comparison, the Qing government's "imperial constitution outline", it is not difficult to understand the nature of modern capitalism.

   

     Fifth, rational thinking Cheng.For a long time, we always think: Republic than constitutional progress, revolution than the reform progress, more radical than conservative progress, fight than compromise progress, even think that the left than right progress. In fact, as the planned economy and market economy are two different means, and good or bad itself, there is no progress and backward cent. Judgment standard is only one, which is conducive to social progress, is conducive to the development of productive forces, as to which way or means, it depends on the specific time and situation, not be simple, make it rigidly uniform. The late historian Hu Sheng analysis thinks, look from the history, China has thousands of years of authoritarian history, people are accustomed to living in a centralized country, for the functioning of democracy is not very familiar with; Chinese is a big country, democracy is not suitable excessively; from the time the situation, Kang Youwei, Liang Qichao was very incisive analysis, Chinese "education of the general," revolutionary prematurely, the establishment of a democratic republic system, such as spoil things by excessive enthusiasm, The loss outweighs the gain.; from the development history of the history of the world, has become a constitutional monarchy classic cases, such as the UK, Japan, the Nordic countries. The radical revolution often is accompanied by the enormous destruction to society and turmoil, the wealth of society, the social structure in the so-called revolution against, will cause great interest re combination or distribution, it is difficult to form a relatively stable social and class basis, therefore, steady and gradual reform or political reform from a long-term point of view often, more conducive to social development and progress. Therefore, the Republic is better than that of the monarchy should abandon prejudice, early and correct.

 

 

   

A: "imperial constitution outline"

(Guangxu thirty-four years (in 1908) in August, the first day of the Month award)

 

Eagle on the power

Department, the Qing emperor ruled the Qing Empire ages, permanent permanent statue wearing.

Two, the king on the sacred dignity, shall not be infringed.

Three, imperial enactment of the law and the bill of rights. Where the law is not in the House approved and promulgated by order, not in the implementation.

Four, to convene, opening and closing, stopping the show and the right to dissolve parliament. The dissolution of the time, even if the re elect new members, the dissolution of their old members and Qi Min is, if there is Kangwei, the plot to a legal treatment.

Five, the official Zhilu and accompanied Secretary hundred right. The right to speak of the monarch and minister, prime minister, members shall not interfere.

In six, the army and Navy and fix all right. You will be sent the army, set the amount of standing soldiers, to full implementation, all are members of the military interference.

Seven, war, peace, the conclusion of the treaty and to send envoys, and envoys of the right to recognition. In turn causes you dear cut, do not pay the house resolution.

Eight, declared martial law rights, when the emergency, free of the subjects by the limit.

Nine, grand tours and Amnesty right. Well from the subjects at college, non income.

Ten, the overall judicial power, the appointment of trial yamen, as authorized legal behavior, not to change at any time by dahir. The right to justice those who speak, judges appointed by the monarch on behalf of justice. Not to change at any time by Dahir, cases related to the weight, it must have been appointed in order law shall prevail, free related divergent.

Eleven, order and the order of authority, law but has been fixed, non pay house co Chan, played by Qin timing, not to change the repeal of an order. The law as the judicial power by the monarch, monarch on the command administrative rights, separation of the two powers, so don't waste the legal order.

Twelve, closing in the house, in case of urgency, have Dahir hair generation laws, and to raise the necessary money edict, but to date, shall pay the parliamentary protocol.

Making permanent thirteen, Royal sovereign funds should be, since the country was quoted in local media, the house not for discussion.

Fourteen, the royal ceremony, by the monarch and the royal ministers agreed rate and mission, the house shall not interfere.

 

Report of subjects of rights and obligations (the details when to when the constitution was drafted action)

A subject is in legal order set by the qualifications for civil and military officials and members.

Two subjects within the law, all speech, assembly and association, and published works, etc., are quasi free.

Non - will be in accordance with the law of three subjects, not to arrest, supervision, punishment.

Four subjects could judge the case against their submissions.

Five subjects should be designed by trial by trial Yamen legal.

Property six people and live without undue intrusion.

Seven subjects have the obligation to pay tax in accordance with the law the soldier.

Eight subjects completed taxes now, without the new change in the law, have or lose.

Nine subjects have the obligation to abide by the laws of the state of.

 

 

Annex two: "the nineteen major tenets",

Also known as the "constitution". The Qing Dynasty in after the Wuchang uprising to save the crisis and promulgated the constitution order. 1911 (Xuantong three years) after the Wuchang uprising, fresh army twentieth control the town Zhang Shaoceng in Xietong blue sky blue, jointly issued the "remonstrance" of Qing Dynasty, put forward 12 platform, called for the convening of Congress in the year, changed the constitution, eliminate the Royal prerogative. The Qing Dynasty was forced by the situation, to accept the request, inspired the Advisory Council drafted constitution amendment "Nineteen principles" and in November 3rd the same year was approved and issued by the. Said to be "oath of ancestral temple, in order to keep". The main contents are: announced a cabinet system; Congress has a constitution, a constitutional amendment, the election of prime ministers, declaration of war, peace and financial power; royalty shall not as prime minister and other ministers of state, and the chief executive; listen to the Royal funds by the Congress; the emperor authority and the royal ceremony by the constitution. Imperial although some cuts, but still provides the throne hereditary emperor authority, shall not be infringed, the emperor has the right to appoint the prime minister and ministers of state, and commands the army and navy. On the right of the people not involved in. After the Qing government promulgated failed to save the fate of fall.

The specific contents are as follows:

Article 1 the Qing Empire emperor unaltered forever.

Article second the emperor inviolability.

The third emperor's right to the constitution, limited.

Fourth emperor the order of succession, in the constitution.

The fifth constitution drafted by the Senate resolved, by the emperor issued.

The sixth constitutional reform proposal right belongs to the congress.

The seventh lords, from national to have legal qualifications of special public.

The eighth prime minister by Parliament chose, the emperor appointed secretary of state; the other by Prime Minister elected, appointed Royal emperor, not as prime minister and Minister of state and chief executive of other provinces.

The ninth prime minister by Parliament impeached, non dissolution of Parliament, the cabinet to resign, but a cabinet shall be two times the dissolution of parliament.

The tenth army and Navy Command directly emperor, but for internal use, should be in accordance with the decision of special conditions, moreover may not.

Eleventh not to command generation law, except in emergency command, should be limited to specific conditions, law enforcement and legal appointed person.

Twelfth international treaties, non conference will, shall enter into. But peace declaration of war, without meeting period in Congress, Congress ratified by the.

The thirteenth official official rules, shall be prescribed by law.

Article fourteenth the annual budget, without the will, not as the former annual budget. And there shall be established within the budget, the annual expenditures, budget, financial sanctions may not be very.

To develop and increase the fifteenth Royal expenses, by the congress.

The sixteenth royal ceremony shall not contravene the constitution.

Seventeenth the state judicial authorities, the two organizations.

Article eighteenth country directors matters, issued by the emperor.

More than nineteenth eighth, ninth, twelfth, thirteenth, fourteenth, fifteenth, eighteenth each, not before Congress, the State Council for the.