In 1889, the Japanese government to grant the emperor dear form issued the first Japanese history -- "the Constitution Constitution of the great Japanese Empire", namely "the Meiji Constitution". Since then, more than half a century until Japan's defeat in World War II in the end, both the political system construction in Japan national changes how complex and intense, but as the cornerstone of the "national system of the Meiji Constitution" but never change. In this more than half a century, from the Japanese politics and modern democratic political trends, and finally embarked on the path of militarism. The author thinks, the Japanese militarists generation, is to have effect on the "Meiji Constitution" as the foundation of the Meiji constitution. The study of modern political development, to explore the Meiji Constitution system is one of the most important ring. To understand the development of modern politics in Japan, the need for in-depth study of the Meiji constitution.

In recent years, many research on "the Meiji Constitution" and the Meiji Constitution in academic circles, such as Eru, Zhang Yongzhen's "from the Japanese Meiji Constitution seeing the consequences and lessons of" the modernization of abnormal development, sun, Fan Xiaoyang put the "Meiji Constitution of Japanese militarism influence", Zheng Chunsheng "on the Meiji Constitution in the separation of powers system", the "Wu Yin on the background of the formation of the Meiji Constitution" etc.. But the works of this aspect is more, a comprehensive introduction to the Meiji Constitution are few. Therefore, I hope that from the establishment, the Meiji Constitution of the Meiji regime system distribution and its significance and other aspects of a comprehensive study of the Meiji Constitution, in order to better understand the Meiji constitution.

Background and process, establish a system of the Meiji Constitution

After the closed state is broken, the independent and civilization two subjects, the Japanese government and people want to seek help from the west. Therefore, the "Western learning" developed in Japan widely and rapidly. "Some statistics, around 1871, in Tokyo, intellectuals, Ancient Chinese Literature Search only Sinology and Sinology '1/10, only half of the ocean'"[i]In this case, the western bourgeois theory of civil rights have been introduced. In a continuing effort to enlightenment School of thought to Fukuzawa Yoshi as representative of the most basic concept, some bourgeois political theory, such as freedom, equality, human rights, constitutional politics, the elected government, social contract concept is introduced, and begin to accept the Japanese people. At the same time, along with the deepening of understanding of western, Japanese advanced intellectuals will western powerful reasons attributed to the advanced western political system. They proposed to "promote the Kingdom, communication with foreign peers," "expand the Kingdom, so that the heart never humiliate"[ii]Then, with Europe and the United States in the global battle it out ""[iii], only to learn advanced western political system. But at that time the Japanese political reality is Mikado autocratic system of government, the national political power to the emperor's hand.[iv]

In this case, a part of the non ruling landlords, the bourgeoisie as well as by the "freedom and equality" and "natural rights" and other ideological influence intellectuals began to promote "sovereignty belongs to the people" thought, used with the sovereignty in the monarch "advocated by the rulers of thought contend", "freedom of the civil rights movement" will be developed. They strongly calls for the creation of Congress, promulgated a constitution, against absolute monarchy, requires the establishment of constitutional monarchy.

At the same time, the liberal political groups and parties have been set up. In 1874, Itagaki returned to help set up to service, truly free political groups began to build. Second years, to society as the center to form a patriotic political organization of the patriotic society, and played the calls for the creation of Congress in 1879. In 1881, Itagaki returned to help for the prime minister's own party, freedom of the civil rights movement reached its climax. In October 15, 1881, the Liberal Party propaganda "freedom is the person's nature, defend freedom is human right"[v]. They think the loss of "free" in nature "makes people cachexia, no aggressive climate, civilization free opening and participating in the restoration of rights, are not to be in financial difficulties; increasingly urgent, the national economy was filled with serious disasters, and no treatment method. As for the external aspects, often for Europe and the United States have contempt; foreign shrinking, and foreign equal rights can not be achieved."[vi]To improve this situation can only be beset with troubles internally and externally, "a liberal party", "to strive for the establishment of good constitutional monarchy"[vii].

With the continuous development of the freedom of the civil rights movement, free thought of civil rights has win support among the people, knowing that the government is facing the huge pressure, had to on 1881 to the imperial edict to open parliament in 1890. As the political center of the Meiji Constitution constitutionalism "" have begun to be planning. Itou Hirofumi in 1882 (Meiji fifteen years) to go to Europe to study constitutional issues, which began a Japanese Constitutional path. In 1883 August after returning home, Itou Hirofumi is a constitutional law to take notes, then changed the constitution investigation bureau, began to prepare for the establishment of the constitution. From the beginning of 1886, Itou Hirofumi, Inoue Take, Ito Miyoji, Jinzijiantailang Karl Frithris leisler five began to draft a constitution. In 1888, Itou Hirofumi et al. Drafting is completed, the emperor personally attend the Privy Council meeting, on the draft constitution review content one by one. After several revisions, the Meiji government finally promulgated the Constitution in February 11, 1889, and decided that since 1890 the implementation. Since then, knowing that the constitutional system set up.

Two, the power distribution system of the Meiji Constitution

After the implementation of the 1890 "Meiji Constitution", knowing that the constitutional system set up. In the Meiji Constitution, the emperor is the core of the regime, and the cabinet, the imperial parliament, court and the Privy Council is four authority specified in the Meiji constitution. In this paper the author will, the emperor and the four institutions in the Meiji Constitution system status, role and relationship.

Reform of the cabinet system is the beginning of the establishment of the Meiji constitution. In order to reform the political system, in December 22, 1885, the Meiji government decided to abolish the very government bureaucracy, turned into the cabinet system. Qin Yuyan think, the cabinet "is composed of all the members of the parliament to the Secretary of state organs."[viii]The Secretary of state, the Meiji Constitution rule has a rule, namely: "the Secretary of state, Prime Minister of the emperor, and responsible. Where the law decree, and the other on the state of imperial edict, the Secretary of state to be."[ix]That is to say, there must be the Secretary of state to exercise power to be effective, the emperor. On the surface, the Secretary of state also contain the Mikado role, but in actual operation, because the cabinet absolute loyalty to the emperor, there is no possibility to directly violate the emperor will, therefore this counter is a specious writing. "Regulations": "prime minister official cabinet prime minister to the Minister for the first time, played on the locomotive, the will, indicating the government administrative departments, unified supervision."[x]The cabinet should assume the national administrative power, but under the constitutional system, cabinet is only responsible for the national administration completely, and intrauterine decoupling, the strict division of the administrative power supreme lost history in which the Everything is contained therein. and traditional certification, many limited become. Meiji system under the cabinet only to the emperor, is the highest authority under the leadership of the emperor.

The imperial parliament is the Legislature under Meiji Constitution, but its power is not limited to the legislative power, in addition, it also has the right to consider and supervise. The imperial parliament by the house of Lords and the house of Representatives. The house of Lords by royalty, Chinese and imperial terms as a member of three kinds of identity, and the house of representatives elected, but in a very long time, but by the landlords, capitalists and a few people control. At the same time, in both houses of the status and relationships, Lords is obviously superior to the. The imperial Parliament was supposed to be the highest legislature in the constitutionalism, but the Japanese Imperial Parliament only to Emperor legislation "co praise" role, responsible only to the emperor, the emperor for the legislative power generation. Therefore, the Japanese supreme legislative power actually belong to the emperor, and the legislative power of Parliament is the emperor of Empire subsidiary legislation. Another major power in parallel with the legislative power is the consideration of budget. The "Meiji Constitution, national annual budget to the imperial parliament before. The government intervention has been regarded as an important measure of the parliament has no power and power. The imperial parliament not only has the right to intervene directly in the annual budget, and the right indirectly important fiscal control state can hold the law review."[xi]Visible, the imperial parliament holds the important links in the Meiji Constitution, but because of the imperial parliament convened, recess and go by the emperor, the imperial parliament power play so greatly suppressed.

The tribunal has jurisdiction in the name of justice. "The Meiji Constitution" stipulates: "the judicial power, the referee: so the name of the emperor, in accordance with the law line", "should be the special tribunal jurisdiction, not law set."[xii]At the same time, for "illegal administrative punishment by the Guanting, legal rights have been hurt, belongs to administrative adjudication not to legal setting, not accepted in judicial cases."[xiii]Therefore, the judicial power is limited, only to be restricted by the emperor, and its scope is very narrow.

The Privy Council based on the suggestion of Itou Hirofumi in 1888, the highest advisory body to the emperor. Published in April 30, 1888, "the edict of the Privy Council and government system" the first is the stipulation, the Privy Council is to advise on important affairs of state in the emperor's visit of mechanism. Subsequently, "Meiji Constitution" also stipulates: "a privy councillor in the Privy Council, according to official system, should be the emperor consultation, consideration of important affairs of state."[xiv]In 1890, with the implementation of the Meiji Constitution, the Meiji government to set the Privy Council official, "the responsible for the constitution drafting and the constitutional doubt explain, martial law was promulgated and emergency decree and consulting foreign treaties and other major affairs."[xv]The author thinks, although the Privy Council nominally only advisory body, but actually it is the Privy Council as a true resolution mechanism. After the Meiji Constitution truly implemented, major state decision is not directly reported to the emperor by the cabinet, but the report. Therefore, the Privy Council became an important ring of the Supreme Administrative and decision system.

The Meiji Restoration, Japan began to monarchical absolutism regime transformation. And in 1873, Meiji emperor reign, the Japanese government officially into the monarchical absolutism regime. After the establishment of the Meiji Constitution in 1890, Japan formally to the surface of the monarchy. But in fact, when the power to the emperor did not because the implementation of constitutional monarchy and restricted. "The Meiji Constitution" begins with the words: "the Japanese Empire, after a reign of the emperor", "emperor, shall not be infringed."[xvi]This word has been staked out the Meiji government called the "constitutional monarchy" is only an illusion, and can not really realize. At the same time, through the "Meiji Constitution" the first chapter "the emperor" emperor decree legislation can be found by random, not by the cabinet interference, the imperial Parliament only "co praise" role; the cabinet as the highest administrative organ in charge of the emperor, the emperor, by the command; and bearer of the judicial power is in the name of the emperor down the authority; in addition, the emperor also military resources, diplomatic power. Can say, in the Meiji Constitution, all departments in the emperor's direct command under the authority, the emperor still has absolute power. But the constitution drafters Itou Hirofumi on the basic principles of the constitution, more bluntly: "the power of a country, the monarch power as its hub, all rights are the origin of this."[xvii]Thus, the absolute center of power to the emperor is still the national regime, the Japanese regime is under the control of the emperor of the decentralization system. That is to say, in essence, the Japanese political system at that time still with the absolute monarchy regime is, just put the monarchy remains to be raging like a storm, with freedom and democracy.

The author thinks, the Meiji Constitution of Japan under the power allocation is departments to centralize power on major issues under the decentralization of the emperor. As the "Meiji Constitution" the fourth said: "the emperor, for the country's head of state, assuming the dominion"[xviii]. Under this system, no body can control the power of the emperor was emperor, still have absolute power. And other departments with the highest power in different areas, but still want to play power under the rule by the emperor. The political system in fact can be called is a kind of absolute monarchy regime.

Three, Japan chose to cause the Meiji Constitution System

Japan in the political modernization process to select the Meiji Constitution this road? The author thought that has the following two reasons.

Firstly, the background and process of the establishment of the previous exposition of the Meiji Constitution has shown that, Japan chose the constitutionalism is not a government as well as the emperor's active voluntary behavior, but continued to strengthen in the freedom of the civil rights movement continue to crack down on and under the pressure of public opinion may not be to do. In this case, the Meiji government has had to accept the establishment of constitutional politics. But after the Meiji Restoration, Japan embarked on the path of monarchical absolutism. In this case, the emperor could not willing to accept the constitutional system, so that the power is limited. At the same time, to realize in power at the time to send back screen, officials are reluctant to constitutional government. Send back screen, in order to achieve "the king of retro" as the goal, in their early years in power, they have been for the realization of "Wang Zheng retro" and efforts to. And in 1873, Meiji emperor reign, their objective was achieved. In this case, they would not be destroyed on one day's hard to build up the absolute regime. In this case, the constitutional system was forced to set up will be very conservative, also is not necessarily completely. Therefore, to establish constitutional monarchy system may be the only product conserved imperial dictatorship and advanced the thought of constitutional compromise in this case. Therefore, Japan chose the most conservative German constitution modeled is no ground for blame.

Secondly, political authority has been ingrained in Japan, has a long history, but obviously this tradition does not occur with the Meiji Restoration and change. Japan since pushed the ancient emperor, "the emperor is supreme" the idea has been deeply rooted in Japanese people's thoughts. Although after the Meiji Restoration, the western advanced thoughts continue to spread, but these ideas are more concentrated in a small part of the landlords, the bourgeoisie and advanced intellectuals. But the general public is willing to accept the "emperor is supreme" the idea, is willing to accept the absolute rule. At the same time, the common people for advanced constitutional politics thought preparation is not enough to implement the constitutional monarchy system. Kato Hiroyuki in the paper the basis for the implementation of constitutional system of Japan said: "let me Bangshang not civilized people on the world, and to the public to make the world system and the constitution, as from fear of ear."[xix]Itou Hirofumi also held the first reading the draft constitution in June 18, 1888 the Privy Council also pointed out: "in Europe, the constitutional politics sprout has for thousands of years, not only people familiar with this system, and religion as its foundation, already win support among the people, exciting system. However, China's religious force is very weak, no one can national foundation....... In our country can be used as the basis of only the royal family, in the draft constitution, special meaning in this respect, power, and strive to do not add......"[xx]Visible, then Japan, still do not have a good mass base establishment of constitutional politics. Due to the lack of a good mass base, the more difficult the implementation of constitutional politics.

Four, establish the system of the Meiji Constitution significance

The Meiji Constitution is very conservative and feudal, but its establishment has the vital significance to the modern Japanese politics, but also for the abnormal development of Japan later political hidden troubles.

"The Meiji Constitution" as Japan's first in Asia is also the history of constitution in modern sense, although it is very conservative and compromise of the Meiji Constitution "," the political system is a constitutional monarchy under the body of the emperor authoritarian political model, but it is after all, the Japanese political form on the modern mode, this should have the sense of milepost type in the course of political modernization in japan.

Because under the system of the Meiji Constitution emperor "army and navy commander in chief," control "dominion". With the continuous development of this malformation monarchical autocracy, the Japanese military authorities also began to be a departure from the modern principles of road, and finally embarked on Jun Guo's way. Enter the 90 era, Japan has accelerated to expansion of Naval Armament Activities Center Road and to the militaristic forward. 1893 year in May, provisions set by the emperor Emperor Meiji of wartime direct jurisdiction of the supreme command -- wartime headquarter, Navy Command as highest Wartime Japanese land military institutions, and formulated the "Regulations" naval operations, the original belonging to the Navy Department of Naval Staff independence, said operations, with the chiefs of staff. Zhili, become to the emperor. Since then, military authorities increasingly expanded and without. In 1900 May changed the land to the Navy Department, active duty soldiers began to intervene in politics. These according to the Meiji Constitution general spirit and make a provision of a statute and system, enlargement and prompted the Japanese militarism. Can say, this is the choice of the Meiji Constitution regime planted a hidden danger.

"Knowing" the constitution set the conditions for Japan's political modernization, but the result of the Meiji Constitution has made Japanese politics since then embarked on a departure from the principle of modern political road.