Today is the 40 anniversary of the killing of Lin Zhao, but I thought of Song Jiaoren, Lin Zhao died at the age of 36, Song Jiaoren is only 32 years old, Chinese historical flow too many young blood, but still to young people to create the history.

Song Jiaoren: the first person to bleed constitution

Fu Guoyong

"As a citizen security, who not dead; for the blood, the first public really. "

In 1913 April Sun Zhongshan Song Jiaoren Lian Wan -- ("Sun Zhongshan set set", Shanghai people's publishing house, 1990 edition, page 615)

Song Jiaoren was just 32 years old, but in Xin Hai generation of revolutionary party, there is no doubt that he is a superstar. Juvenile when he read in Hubei initiation thought, to participate in the organization after the failure of the Huaxing, fled to Japan, he went to Liaodong, "thieves" force, motion planning revolution, finally the Wuchang uprising and he organized the Central League, carry out "3 three strategy" "Zhongce" relationship. The best policy he put forward is the central revolutionary, contact the northern army, to the northeast as backup, one occupied Beijing, orders the Yangtze River Basin provinces; Zhongce is also rising, the establishment of the government, and then to the Northern Expedition; border revolution, or Yunnan, or two, or the northeast, established secret agencies abroad, to occupy the corner edge., gradually plan ahead. On the eve of Xin Hai revolution coming, he presided over a "pen" Minli Bao Zheng in Shanghai, published a large number of threatening the flame to the "Fisherman" under the pen name, domestic and foreign affairs, economic and cultural knowledge about, incisive, ambitious, for people to admire. He was much higher than the same time he many people at the same time, his constitutional thought, and this thought to practice.

Song Jiaoren traveled to Japan only 20 years old, where he received the western democratic ideology, formed a system of constitutional concept. According to his 1906 diary records, this year he translated works is "the constitution of Japan", "", "the British system of national police system", "system of Russia", "Australia", "the Hungarian system of American system summary", "Belgian Australia Hungary Russian financial system" the German government ",", "the kingdom of Prussia in 10 kinds of official system". The national political system, political power organization form has a more comprehensive understanding of.

In Japan he said to Jing Meijiu: "failure is easy, construction difficult, I see the comrades engaged in destroying a way too much, for construction, little attention, will organize a republic, not a joke! What the provisional constitution of the Republic of China, a permanent constitution, must take this Kung Fu, a study is good! So I would like to invite you Comrades fine law, they dry up "(see Jing Mei nine" crimes ").

In the league in the absence of other people who like to spend a lot of time, effort to learn, translation of the book, some said he was the main designer in the blueprint, not too much.

 The cabinet is Song Jiaoren has always insisted on politics. After Sun Zhongshan returned home, the evening of December 26, 1911, Huang Xing, Chen Qimei, Song Jiaoren, in consultation with the government in Shanghai, the song that the cabinet system, Sun Lichi can not be. He is urging the responsibility cabinet system, he later said: "the poor and can change the poor, the president no variation of the operation, such as the need to change, to shake the country". There is a layer of meaning, historian Chen Xulu that he didn't say it, that he tried to through this system arrangement, by the revolutionary master real power, excluded from the old bureaucratic influence. He did not lead the Wuchang uprising, the power fall into the hand of his regrets, so he tried to persuade Huang Xing to open up new horizons in Nanjing. Yuan Shikai such a "have neither learning nor skill, the more bad despicable" person, it is necessary to limit his power, reliable system, so that he will not out of orbit. He has been the president of the Republic of high, then, in addition to the responsibility cabinet system, also can design what more effective system? From Yuan Shikai was nervous, from the system point of view, once the song

Jen's party cabinet, yuan to under such restricted his authoritarian way is not possible.

The responsibility cabinet system is closely associated with political parties together inevitable. Song Jiaoren was committed to the alliance from a revolutionary party into ordinary party, is to realize that his party cabinet. He thinks, the purpose is to implement the party and politics, "the policy side, the construction of national government, the government by the party is the construction." he combined with the other party the Alliance for the restructuring of the KMT in the announcement, overseas book, he has proudly declared that "since, then, the Republican Party, only I alone, though the Republican cross, can contend with me on" But for the political parties, he advocated the bipartisan, he argued that when times are tough, not really powerful political party as the mainstay, cannot save crisis. Although the political parties, but should not suspicion challenge. He in the reorganization of the KMT in the declaration said the party should be two confrontation, hope from the party developed, also hope that the opposition is developed, which can be matched. To improve the government, there must be a party cabinet. He hoped that the KMT victory in the election, the KMT is composed of cabinet, because of fears that the other party can not do, so will the responsibility.

His most mature, the most valuable thought of constitutionalism mainly contained in his final days in a speech.

He knew that the Chinese, called the Republic of China, the real Republic has not started construction. And don't think of the Republic of China building, "its not in the government and in the national", the Kuomintang has particularly important responsibility, no damage after the laissez faire excuse.  

He believes that the political focus in Congress, a majority in the Congress party to government organizations, namely the party cabinet. He argued that the cabinet system is to create a parliamentary, the parliamentary democracy have infinite hope. In Congress, he advocated the unicameral appropriate. If you take a bicameral legislature, the Senate is a problem, he thought that the elected by the local council, like the federal system, not suitable. Therefore put forward by public bodies (legal person) selected, including local councils, and on behalf of all classes, in full compliance with the nature. Local autonomous organizations, chambers of Commerce (Overseas Chinese Chamber of Commerce), trade unions and the peasant associations, society, church, school and so on, are public organizations, have the law on the personality, is a special occupation people from all walks of life, they elected upper house, is from all walks of life have representative, perfect.

In 1911 August he published "on the censorate are advised to disciplinary tribunal" in the article pointed out, the constitutional state organs cannot violate the constitutional and political principles, parliament is the supervision of the government's authority, resolution, questioning, impeachment, exercise right, judicial organ is the judicial authorities, the exercise of ordinary jurisdiction. Chinese unique censorate originates from the censor system, authority and legislative, judicial

A repeat, so he put it into administrative tribunal, the exercise of the administrative jurisdiction.

He urged local autonomy, promote decentralization, diplomatic, military and political, judicial administration, finance, international business and government, an important industry, the State Engineering, industrial, transportation, national school, be in. The local administration is divided into two kinds: one kind is the local governance: such as civil, administrative, educational administration of industry administration. One is the local autonomous administrative: such as local transportation, health, local finance, local projects, local industry, local schools, local charities. The police are appointed local power. He has authored a central administration and local administration division of speech, this paper is very clear, organized.

For local autonomy, he advocated the governor elected and has enumerated the legislative power, protested government system, the corruption of the bureaucracy observation. He believes that the Republic must make public opinion found by the president, Congress, produced by the national elections, the Governor shall be made by the national

Election, in order to fully discover the public opinion. 

Song Jiaoren was also not yet published "the big generation grass politics", is his constitutional thought a more systematic exposition, the last legacy is his left. He is ready to go to Beijing and the world through published after, we can think of it as Song Jiaoren did not realize the policy agenda. He put forward five point proposal on government policy and the ten point proposal, to concentrate on the main points, is indeed impressive.

About the regime:

(a) a single nation system advocates, do not agree with the federal system.

(two) the responsibility cabinet system advocates.

(three) chief executive elected to that province to appointment (this and he 1913 that month 19 days in his speech in Shanghai that the governor elected not the same)

(four) claims for autonomy, has enumerated the legislative power, to protect the autonomy of local.

(five) advocated the constitution House state total reason to launch, other state by the prime minister, does not need congressional approval.

A policy from the military, administrative, fiscal consolidation to the division between central and local administration, development of industry, education, civil affairs, set up state-owned transportation industry, and even the judicial, diplomacy, all presented his program.

Song Jiaoren's thought of constitutionalism is clear, is to establish a multi-party system, parliamentary and local autonomy based democracy in Chinese. We may not agree with his idea, but his dedication to the pursuit of their thoughts, for his own ideal lofty spirit of sacrifice of life, he who embodied the political responsibility, he is a politician personality, all this even after many years are his indelible the value of the.

 The winter of 1912 to the early spring of 1913 held in both houses of Congress election, he won a landslide victory in agency director nominal leadership of the kuomintang. Song Jiaoren left after 10 years of home of Hunan Taoyuan, from Changsha to Wuhan, east along the Yangtze River, from Anhui to Shanghai, then to Hangzhou, Nanjing, everywhere along the way speech, criticized the Yuan Shikai administration, set their own constitutional ideals, speech style, tilting moment.

Song Jiaoren was enormously proud of one's success, ready for the cabinet, in Hunan on preparing for the cabinet plans. According to the "provisional constitution" he went to the Beijing government could not prevent it. In 1913 March 2 day tour of Hangzhou when he wrote "reached the south peak" a poem, including "Xu Xunqu maze, competing on the peak", "Haimen wave is Yong, I want to draw a strong bow." this verse.

In March 20, 1913, he set off for the north, ShangHai Railway Station Black shot him, Chinese democratic constitutionalism pioneer died. Twenty years later, Zhang Taiyan also believed that "the government in Song Dynasty, also with a right Ling over heads, eventually be fatal disaster".

Who is the "song" case really him? Although there are different versions, it was suspected to be Prime Minister Chen Yingshi dry, even Sun Zhongshan inspired, of course, no credible evidence, is just speculation. Some people think that Zhao Bingjun to do, Yuan Shikai did not know. But after all, Yuan Shikai is the biggest beneficiaries of the song case, even if the assassination is not his clear instruction, from Zhao Bingjun, Hong Shuzu to Ying kuicheng are figured out, meaning that, in any case have to blame yuan. From the point of view of "a series of initiatives song" case occurred yuan, he is not to blame. Later want to excuse, Yuan Kaituo, the kind of people including Tang Degang "sympathetic understanding" that are destined to prove futile.

Song Jiaoren has always attached importance to the constitution, the spring of 1911, he arrived in Hongkong from Shanghai, to participate in the Huanghuagang uprising preparation, drafting the proclamation, constitution and the central system, local political office facilities, have thick three big. Familiar with his "Minli Bao" reporter Xu Xueer had ever seen, and says he began construction in ten years, all claims in the three volume of his constitutional thought, this is a concrete and complete statement, but has been lost, we can only see the content can not be examined, he had good intentions from other literature and political speech, he left.

After the Wuchang uprising, he and Huang Xing to Wuhan, drafted the "Ezhou constitution", this is the first China history with modern significance of the draft constitution, the people's basic rights and obligations of a very detailed, there were as many as 21, also provides the basic node separation of the three powers. He also wrote the seven official draft, make a careful and detailed analysis, very detailed. His criticism was hastily issued "Provisional Government of the Republic of China organized the draft outline", "people's rights and obligations without regulation, division of administrative Guanting is anti loaded, to limit the expansion of convenience at any time. And as the law of the proposal right is unknown, the president and Minister for civil officials following right not, all the loss at".

Nanjing interim government was established, he became president of the legal system, most laws written by him. Republic of China first "provisional constitution" was also called he presided over the drafting, but he believes the best by the Senate Committee on the drafting of the draft, which, according to the law review. Finally, promulgated the "provisional constitution" contains some of his important views, originally in the revised "interim government memorandum", he urged the president system to cabinet system, strong opposition, not by. When making "provisional constitution" in order to control Yuan Shikai hastily put the president system into the cabinet system, the provisions of article thirty-fourth, the president appointed state and ambassador, minister, and the cabinet to the right. This is typical in the legislation, but the way station training started with the gun Yuan Shikai won't take what the Constitution in the eyes.

He was before his assassination, repeatedly talked about "the first constitution in the speech, give the president", this and Yuan Shikai "first elected president should give tit for tat". He said: "not because of problems and accommodation, but not because of the problem and binding. We only formulate republic constitution of real, output pure party cabinet, then politics, first ask the method, and then ask the person".

He believes that "to discuss constitutional, administrative, legislative, judicial three right should be how to allocate, the relationship between central and local governments and permissions should how the regulations", should be based on legal principles, facts, the mind of the fine, and clarify the constitutional Congress should establish a constitution.

Yuan Shikai want to bypass the majorities in Congress, in addition to organize a "constitutional commission". This divergence is very intense in the newspaper. Constitutional struggle, become one of the important causes of Song Jiaoren's assassination, said he was "the first person to constitutional bleeding" not.