AbstractAccording to the "provisional constitution:" provisions, Congress held after the establishment of the committee drafting the constitution drafting a constitution. Due to the influence of political struggle at that time, the Commission hopes to use the restricted Yuan Shikai. They are in the system design will be the concentration of power in Congress, the "Tiantan" in violation of the constitution of the constitutional principle of separation of powers and checks and balances, Yuan Shikai can not accept such a system arrangement. In Congress rejected Yuan Shikai revised draft constitution requirements, methods, through the abolition of KMT members eligible to prevent the session of Congress, "Tiantan" failed to pass the draft constitution.

 

Keywords: "Tiantan constitution draft"  The constitution Drafting Committee  Yuan Shikai

 

"Tiantan" is the draft constitution of Congress to enact formal constitution draft,By draft at Tiantan temple named.In itsAfter the approval of Congress is drafting time when disbanded, so it could not be implemented. Always concern about it no more. Yan spring "'The Tiantan constitution draft'With the failure of constitutional choice "(" open era "2003No.5Period), was from the perspective of political science analysis of its system design mistakes. This paper is mainly from the time of political competition point of view to analyze the development process, to explore the causes of failure in early Republic of china.

 

One, the fight for the right

Xin Hai revolution overthrew the monarchy, the Republic of China facing create constitutional system task. Nanjing Provisional Senate formulation of the "provisional constitution" and primarily constructs a system framework. According to the "provisional constitution"54Article "The constitution of the Republic of China, enacted by congress. Before the Constitution did not implement, effectiveness of the Constitution and constitutional provisions ", will develop the formal constitution in the Congress, the establishment of the constitutional system. Due to the influence of political competition, the right to draft a constitution for the former. Xin Hai revolution is the revolutionary overthrow Qing Dynasty is initiated, the revolutionary party, the resultant of the constitutionalists and Yuan Shikai. Because of the difference in interest and understanding, three sent after the revolution began political power struggle. The establishment of the Nanjing provisional government, "blunt initial (Song Jiaoren) advocated the early group government, must use all the revolutionary party, no bureaucracy, reason is sufficient."^"1"(P618)Political competition was also brought into the constitutional system to create. Nanjing interim government was established, Sun Zhongshan served as interim president, is the implementation of the presidential system. Sun Rangwei Yuan Shikai, because Yuan Shikai was born in the old bureaucracy, longer than trickery, political times as changeable as clouds and rain. The revolutionary party worry "cover cabinet can change the poor, poor no surgery President more easily, such as the need for more easily, to shake the country." ^{[2] (P460)}They call for Yuan Shikai to control. The revolutionary party uses the master Provisional Senate has in the system design of the first player advantage, in the "provisional constitution" the president system to cabinet system, whereby a president Yuan Shikai the name of no real power status. At the same time, the cabinet appointments are subject to the consent of the Congress, the alliance as the main body of the revolutionary party relatively has certain advantages in congress. The cabinet system of administrative power is also beneficial for their. "Progress be above suspicion doubt provisional constitution" in modern history, but the design of this system, "according to the legislation, There is no hiding the fact." ^{[3] (p115)}Yuan Shikai, by virtue of the strength be president of fame, but incapable of action on the "provisional constitution", only to find a chance to change the design of this system.

 

Congress moved to Beijing,MPs were re-election and increase, alliance will temporarily lose control of Congress in the position. Because the cabinet basically orders from Yuan Shikai,Congressional activities, alliance of Congress imposed cabinet and Yuan Shikai approach; and the constitutionalists membersHope "with Yuan Shikai on the political track, do some construction for the state" ^{[4] (p4055)}, to support Yuan Shikai's attitude. Both sides in Congress launched a fierce struggle. Then, the main task is to make the law of Congress, establishing various rules and regulations. But lawmakers focus attention upon Yuan Shikai, busy faction, but ignore the own duty.Reporter Huang Yuanyong reported, "since the Senate from the opening, in addition to the previous and the government disrupted, act the backlog to fifty-four pieces, the government cannot observe, court not available....... This is a party the power to." ^{[5] (Volume threeP86)}PartyPeople have the ability to Congress doubt.Zhang Shizhao thinks China "live to autocracy under both for thousands of years, to the last years beginning from the fetters, political science, not on the past, to experience, especially of the shallow." ^{[6] (p602)}If the "draft constitution, from Congress, the disadvantages of the most obviously, but a...... The contamination of Party tide, most unfortunate." ^{[6] (p705)}Cai E also believes that the members by Congress, "there was no emphasis on party, more extreme, acts to control administrative heads of the rules, to lose the activity state." ^{[7] (p627)}Zhang Shizhao put forward the "constitution by Congress agreed, draft not proposed by congress" ^{[6] (p603)}, can follow in the footsteps of American, set up specialized agencies to draft a constitution. Liang Qichao suggested by the provisional senate,Provincial governor, political parties and the presidential palace and other parties were sent representatives to the Constitution. Jiangsu governor Cheng Dequan sent a request to set up a special constitution drafting initiative mechanism.

 

Yuan Shikai in Congress in Power Co., was the lack of discourse right in the constitution in.The Congress PartyTo Yuan Shikai for the opportunity. Opinion requirement to set up a special constitutional institution, Yuan Shikai supportA proposed constitutional Research Council, "the president with the consent of the governor, the Compilation Committee proposed constitution." ^{[5] (Volume threeP89)}Cheng Dequan issued after the initiative,Yuan ShikaiProposed the establishment of specialized constitution drafting mechanism proposed to the Provisional Senate, Yuan alsoOrdered each province governor elect two the constitution Drafting Committee, preparing for the establishment of the Constitution in Congress after the drafting body.Yuan practices and social requirements clearly have very big distinction. Zhang Shizhao et al. The intention is to avoid the adverse effect brought by the drafting of the constitution of the party, Yuan Shikai is hoping to set up by his control of the constitution drafting mechanismIn compliance with the constitution, he will.Yuan Shikai's approach was the social from all walks of life against.Zhang Shizhao statement, practices and he was inconsistent, Yuan had gathered "member is tantamount to the governor Yinqi storage, losing its position." ^[8](P51)Li Yuanhong, Bai Wenyu and some other local power groups also oppose. All the newspapers have published against the news, Song Jiaoren said, "the constitutional issues, of course belongs to the Congress custom, no troubles." ^{[2] (p467)}Song Jiaoren League for the restructuring of the KMT, re occupy the advantage in the provisional senate.3Month, Beijing Provisional Senate meeting decisions are still made by Congress to the drafting of the constitution, Yuan Shikai's attempt to fail.

 

Formal convening of the Congress, the house and Senate, elected thirty members of the constitution drafting committee.The KuomintangVictory in the congressional election, have certain advantages in the committee. Seven members of the constitution drafting board, "the real in the fourth." ^{[9] (P59)}Yuan Shikai formed a committee to draft a constitution after a failed attempt to,The committee will convene the constitution research, said "the future published results, for reference of the citizens in general." ^{[10] (P558)}During the two revolution, "the committee members from Beijing has many people, which is line with prey and several people, the number of Kuomintang members both has been reduced, the Committee has a bad influence." ^{[11] (P82)}Caused by the meeting due to insufficient fail to hold. Yuan Shikai took the opportunity to let a person be draft constitution research will draw to the constitution drafting committee. This ignores the constitution Drafting Committee the authority behavior, "caused by the Kuomintang Commissioner philippic, and make the government withdrew all members present at the meeting, members also like be." ^{[12] (p73-74)}The yuan move did not achieve the purpose, but also between the constitution Drafting Committee members. Thereafter.The constitution Drafting Committee was arrested and escaped despite many people, but"Can still manage to gather the 2/3 quorum, still be open on." ^{[13] (p124)}

 

Two, draft constitution system design

South the Kuomintang launched the force of Tao Yuan, the Kuomintang councilman intend to stay in Beijing, "in the constitution Drafting Committee for the majority, resulting in the party constitution to ideal, the beam." ^{[12] (p70)}The two revolution failed, due to the loss of military strength, the Kuomintang members take the initiative to seek and the constitutionalists for the progress party cooperation development. "The people's Party of moderates Xu gave up his progress party, progressive party also need bipartisan support in the salty." ^{[9] (P59)}The bipartisan political ideal was close to Yuan Shikai, because of the different views and revolution of bitterness and strife. Facing the situation of increasingly high handed Yuan Shikai the two revolution, both sides to strengthen cooperation in Congress and the constitution in.Wang Shaoao recalls, "Yu in the constitution Drafting Committee, at least, is the most innocent, thought a constitution, to bring order out of chaos, so his constitutional, but only two saving plans, which the governor is a person be a gross error." ^{[14] (P50)}The constitution Drafting CommitteeBy means of the identity to restrain Yuan Shikai, in order to "bring order out of chaos", theyDrafting the constitution provisions, for some specific institutional arrangements.

 

"The draft constitution of Tiantan" includes land, state, national, Congress, congressional committee, President, the State Council, the court, the legal, accounting, constitutional revision and interpretation. The eleven chapter. Because the constraints considered by Yuan Shikai,"Tiantan" is prescribed by the constitution of the cabinet system and strengthen the power of congress. The draft constitution81The provisions of the state "course president, for the house of Representatives is responsible for. The President issued orders and other related documents state, without the side lost the state, no force." The constitution Drafting Committee to the cabinet system to restrict the president, the Congress control cabinet. Constitutional provisions, in addition to the appointment and removal of the State shall be approval by Congress, the house can also monitor the cabinet passed a no confidence vote, the impeachment etc.. Although also provided the president with the dissolution of Parliament powers, but the difficulty of implementation to be much more than the control cabinet, Parliament president. Yuan Shikai's legal adviser GoodnowEvaluation of this draft constitution ", which will make him (the president) position (enjoy undeserved fame),...... The first consequence of this kind of cabinet government, will be all power is concentrated in the hands of the cabinet. Ministries of if not for the appointment, must also be able to accept the people in the house." ^{[15] (p248-249)}

 

The establishment of the congressional committee is a part of the "Tiantan" caused great controversy in the draft constitution. The draft constitution51-54Provisions, Congress adjourned during the year, by the Senate, house of representatives elected for each twenty member congressional committee, the congressional committee has 2/3 people to attend, the members present 2/3 approval by Congress, authority and approximation. The constitution Drafting Committee. Hope that through congressional committee of the cabinet and the president to monitor, prevent the Yuan Shikai dictatorship. But Congress each year have4Month period to deal with all kinds of affairs, the establishment of the congressional committee actually not necessary; but the congressional committee similar power and Congress, once congressional committee and Congress conflict, also difficult to deal with. Set up a parliamentary committee Yuan Shikai caused great resentment, he felt "should be the special privilege not against the government, but only40Committee member, but the20People attend the meeting and18The consent, can control everything, how can represent both houses? The majority minority tyranny, this especially contempt legislation even also." ^{[3] (P123)}Yan Quan said a congressional committee ", it showed that the majority of the members of the Yuan Shikai's power of fear has come an unbelievable degree." ^{[16] (P44)}

 

"Provisional constitution" in the provisions of the president and Congress have proposed the power to amend the constitution, and the constitution "Tiantan"109Provisions, "Congress for a constitutional amendment on the hair, hair on, non both houses have attend three agreed to more than two, shall not be set up." In contrast, "the Tiantan" draft constitutionDeprived of the "provisional constitution" in the president's proposal of constitutional rights."The draft constitution of Tiantan"Article112Also provides that:"The Constitution by doubt, constitutional conference interpretation." If the draft constitution, not only Yuan Shikai did not change the opportunity; once the future legislation, administrative agency conflict, Congress can according to their own needs to interpret the constitution, still in a good position.

 

Because of too much consideration factors Yuan Shikai, the constitution Drafting Committee hopes will power as much as possible to the congress. This lead to the design of system constitution, Congress can restrict the president and cabinet, cabinet and the president cannot counter the congress. "From the constitutional theory, this is a serious violation of abnormal political system of separation of powers and checks and balances principle, operation will be difficult." ^{[16] (P46)}The design of this system is not only a violation of the principle of separation of powers and checks and balances, is good at to Yuan Shikai can't stand. So, "Though the introduction of Tiantan ", not only failed to" bring order out of chaos ", the establishment of the constitutional system frame is solid, but sharpened the contradictions.

 

Three, the dissolution of Parliament

Yuan Shikai was born in the old bureaucratic system, the system of constitutional government of the Republic of China is not familiar with, he is more on tactics means to solve political problems. During the two revolution, Yuan Shikai announced that the maintenance of Congress and the constitution, because on the one hand Xin Hai revolution, Parliament as a representative institutions, its existence is proved dominant; on the other hand, Yuan Shikai needs congress elected him president. But Yuan Shikai assured not to Congress, he let Liang Shiyi involves a number of members of the party organization, for his presidential election and monitor the movement. Civic activities exacerbated political tensions. Beijing had the rumors, "that my country politics will be inevitably because of the great president constitution, students of the wave."^{[5] (Volume threeP195)}The presidential election, the so-called"Citizen corps "around the venue, forcing the elected Yuan Shikai as president. When Yuan Shikai was president, without any menace from the "rear". The draft constitution is forthcoming. Both sides began confrontation.

 

10Month16Day, Yuan Shikai proposed to Congress "provisional constitution" there are many loopholes, "we in the appointed at the beginning of the" constitution ", should increase refinements, sink a drug case, and one by one with reasons." ^{[17] (p495-496)}He asked without going through the house of Representatives agreed to several power increase the appointment and removal of the state, to express some of his views and attitudes will finish the constitution. Congress said the formal constitution is nearing completion, "provisional constitution" no need to modify, rejected the request of Yuan Shikai. Revised "provisional constitution" request failed, Yuan Shikai then, the president should have the right to publish new constitution. If can get the constitutional right to publish, Yuan Shikai could not his will refuse to release the constitution, which has restricted the constitution. But the Congress on the draft constitution has not yet been completed, "opportunity without a discussion of the" ^{[18] (p164)}Again, to refuse his request.10Month22Day, Yuan Shikai directly send Shi Yu, eight people to the constitution drafting assembly, representing the requirements of his statements on constitutional views. "Now in the presidency, the future implementation of the parliament the negative constitution responsibility, Gou saw the implementation difficulties and influence to the national rise and fall of a nation is, dare not to say the potential." ^{[17] (p496-497)}The constitution drafting committee members said that, in accordance with the provisions, the drafting of the constitution, members of Congress can only sit in, any other people are not allowed to enter the site, not to mention the presentation, rejected Shi Yu et al requirements.

 

Yuan Shikai in the presidential election to move extremely harsh, but for the some of the demands, it is not reasonable. From a political science perspective,"The success, often depends on the social consensus can be reached in a common divisor." ^{[19] (P479)}As the most powerful political subject, Yuan Shikai views deserve attention. Yuan Shikai solve political problems many times through trickery, the cabinet and Congress are not respected.The Congress will restrict Yuan Shikai on the moral high ground maintenance of constitutionalism, constitutional issues in don't compromise on. This position will Yuan Shikai pushed to the embarrassment."Tiantan" once through the draft constitution,Not only provide a legal basis for the control of Yuan Shikai, the Congress itself will become the controller, power, a lot of political rights and interests will be yuan lost, this isYuan ShikaiIt is difficult to acceptThe. Forced elected president has made, and congressional relations deteriorated, he could not allow lawmakers voted against draft constitution. Therefore, only to stop the session of Congress could prevent "Tiantan" by the constitution. Congress form is the representative body, can not stop the activity. Weigh the advantages and disadvantages of Yuan Shikai,10Month25Day, sent telegrams accused the forthcoming constitution "Tiantan", and the responsibility for the kuomintang. "The constitution Drafting Committee, the party members in the majority, read the proposed constitution, against the national many."^{[3] (P122)}Electricity, the generals have issued, around energized and, for the punishment of Kuomintang councilman, Yuan Shikai the dissolution of the KMT to create public opinion.

 

The constitution Drafting Committee10Month31Examination and approval by all constitutional provisions.11Month3The draft constitution submitted to Congress for approval. Proposals submittedSecond days, i.e.11Month4Day,Yuan Shikai on the pretext of Kuomintang members during the two revolution and Li Liejun collusion, recover the members of the certificate, badges, membership of the lifting of the KMT by. The Kuomintang members were disqualified after,The number of MPS insufficient meeting, "Tiantan" of course constitution will not approved.1914Years1Yuan Shikai was an excuse to political meetings and Li Yuanhong petition, ordered the dissolution of parliament.

 

Four, the thinking and conclusion

This is for the construction of the constitutional framework, but the "Tiantan" issued but constitutionThe dissolution of Parliament. Yuan Shikai on and the damage can not be denied, but the failure and a series of other factors. First of all, when the serious shortage of constitutional awareness. In Xin Hai revolution before the constitutional propaganda can be found, whether it is the revolutionary party or the constitutionalists in advocacy is good prospect of constitutionalism, constitutionalism and the basic principles on how to implement the lack of detailed study. Not only the principle of separation of powers and checks and balances of lack of knowledge, even the functions and powers of the legislative and administrative institutions is also a misunderstanding. Concept is the mother of the constitutional system, the lack of awareness on a hidden system design.

 

Secondly, the political influence is the basic reason for system design of the failure. The revolutionary party, the constitutionalists and Yuan Shikai in parliament, cabinet and constitutional aspects of competition. Strength and political experience are at a disadvantage revolutionary party has the advantage in the system design.After the failure of the two revolution, the parliamentary forces United Progressive party who use the constitution to deal with Yuan Shikai, the design of the system.In order to safeguard the constitutional system, take certain precautions this no ground for blame, "because the legislation" approach is doubtful. Because of the need to respect "for constitutional government system, legislative system" itself is the lack of respect. It is in theIn the system design of too much to consider factors Yuan Shikai, resulting in "Tiantan" constitution system errors in design. Draft constitution violated the separation of powers and checks and balances the constitutional principle, also cannot accept Yuan Shikai.

 

Once again, the lack of the spirit of compromise is the direct cause of the failure. Yuan Shikai proposed amending the constitution requirements,Congress and the constitution Drafting Committee toRefuse to. Design of the system in the original constitution is not reasonable, if not throughThe normal way to solve,Can only use very means to resolve. The constitutional government is relying on people to consciously safeguard the existence, but the more established the balance of power in the constitutional basis. The Kuomintang military defeat, Congress has lost the backing. When Yuan Shikai through the abolition of the Kuomintang members eligible to prevent Congress, Congress has no counter force. The constitution Drafting Committee Wang Shaoao later reflection constitution, "but in my country at that time, the two revolution, had been a complete failure, and the people of Judah will draft the constitution, fling caution to the winds, the constitution of the Republic of China in order to complete the first, no miracle of the non us." ^{[14] (P50)}Parliament was dissolved, not only marked the failure, also marks the Kuomintang military and parliamentary forces have failedIn the early Republic of China, the political rivalry temporarily come to an end, into the Yuan Shikai political control period.

 

Notes.

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[4] Liang Qichao: "the battle of" protecting review[A]"The complete works of Liang Qichao (volume fourteenth: Chinese historical research method)[C] Beijing Publishing House.1999

[5] Huang Yuanyong: "far left" students[M]Beijing.The Commercial Press1984Years additional reprints

[6] Zhang Shizhao: "Zhang Shizhao complete works" (second volumes)[M]Shanghai.Wenhui press2000Years

[7] Ceng Yeying: "Cai Songpo set"[M]Shanghai people's Publishing House1984Years

[8] Zhang Xueji: "the battle of the early Republic of China"[J]"Modern history research" 1994No.2Period

[9] Xie Bin: "history" of the Republican Party[M]Shanghai Bookstore according to Academic Research Association1926Year edition copy

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[14] Wang Shaoao: "my broom building memories"[A]"Wang Shaoao Memorial"[C]Nanjing.Jiangsu Education Publishing House1987Years

[15] (Australian) Luo Huimin: "at the end of the Qing Dynasty political insider" book[M]Shanghai.Knowledge Publishing House.1986Years

[16] Yan Quan: "'The Tiantan constitution draft'With the failure of constitutional choice "[J]"Open era"2003No.5Period

[17] Zhang Bofeng Li Zongyi compiled "warlord" (Second Series)[C]]Wuhan press1990Year Edition

[18] Gu Dunrou: "China parliamentary history"[M]Shanghai Bookstore according to Suzhou Mudu Heart Church1931Year edition copy

[19] Xie Zhengdao: "the constitutional history of the Republic of China"[M] Taipei.Ali culture Limited by Share Ltd2001Years

 

Published in the "theory"2006Years12Period