The father of the constitution China: Zhang Junmai
Created:
/Author:
Aaron Lewis
figures: Zhang Junmai (1887-1968), used in Japan, Germany to study law and politics.After returning home, to join the political movement.The socialist party in 1933 and Zhang Dongsun et al. The organization of state.During the period of Anti Japanese War and Huang Yanpei et al China democratic alliance.After the war, was elected as chairman of the Democratic Socialist party.In 1946 as the Political Consultative Conference representative.Presided over the drafting of the "constitution of the Republic of China".Taiwan scholars known as "father of the constitution of the Republic of china".
In 1945, the victory of the Anti Japanese war.The parties for the end of "political tutelage", the implementation of the "constitutional" from NIKKO.The national government was held on 1946 "Political Consultative Conference", nominated Sun Ke et al the constitutional group.Dong Biwu, Qin Bangxian, Zhou Enlai, Shi Shangkuan, Zhang Junmai et al. The group.Due to the parties and not forming ideas, Zhang Junmai will take the initiative to a draft constitution, to the sun.The constitutional group based on Zhang Junmai's draft, talk stop.In May, Zhang Junmai will be down into English, sent Marshall.Marshall looked after the letter about his interview, and sent America ambassador Leighton Stuart and other four and a discussion of the Republic of China draft constitution he drafted the "".After explained, Leighton Stuart said understanding.
In early July, Zhang Junmai by Shanghai baxianqiao youth will future constitution published a series of speeches of the Republic of china.The first gate "why the state constitution".He thinks, countries need constitution, is decided by the state of the "objective" and "function".First, it must ensure the safety of the people; second, it must guarantee the people freedom; third, it must cause a kind of legal order, so that the people's safety and freedom safeguarded.To protect the safety of people and free, little not the constitution.But "the Constitution itself so it can exist, not a piece of text is enough, but by the constant attention, then the constitution to form the habit, then can establish the basis of constitution".The constitution should be reliable, the key is to look at the people on the constitution of the people "assumption of alertness, rights and government's own lawless, all treat with indifference, not take it seriously, people's psychological, constitution is not guaranteed."Therefore, he told the people: "you have the awareness on their rights, naturally has the constitution, otherwise, if you don't have the guts to safeguard their rights, even though there is a beautiful constitution, which is also called the law cannot on its own."
Zhang Junmai said, the rise and fall of the nation is nothing more than two kinds, a ruler, a ruler.If you can make this two people know the status and rights and obligations, "not afraid not afraid of national track, people can not live and work in peace".So in the future Chinese constitutional remedy, "lies in the transformation of the governed and the qualification", enabling them to develop new mentality, on one hand the rule in the performance of their duties, the first, should comply with the constitution as the fundamental law of the state; second, should faithfully implement the budget law, such as the conscription law and all regulations, all in accordance with the law, shall not be slightly beyond.On the other hand, to be ruler of universal education, improve the extent of their knowledge, so that they can participate in the political enthusiasm and ability to exercise their civil rights.The premise condition and popularization education, is at peace.
Zhang Junmai special emphasis on "human rights is a basic constitutional".He said, the so-called human rights, including freedom of person, live migration freedom, freedom of assembly and association, freedom of thought and speech, freedom of the press and other liberal beliefs."This kind of freedom, assuming the government can be deprived of, for example, people no matter he committed no crime, can easily arrest, and even the people to speak, to the newspaper, the government can ban, deprived of these rights, equal to 'the emperor wise, his crime when the host' despotism", then in this political, "who dares to criticize the government disputes"?In this regard, "the civil rights movement is the most important foundation of democracy, because no human rights, no democracy".Zhang Junmai believed that, must guarantee human rights, it must be: first, take the people as people, not taking people as slaves; second, to limit the power of the government, "limit the powers of the government, namely, so raising the status of the people, is considered as the national important project is good"; third, do not take a part of the people as one party of the tool, to ravage other people's rights, if the government should take this despicable means, it can only make the country into chaos, but does not realize long period of stability.
This will be a series of lectures on "the future of the Republic of China Democratic Constitution" as the overall title in Shanghai baxianqiao youth, and each of the following questions: "the future constitutional country big problem", "administrative rights -- the president and the Executive Yuan", "legislative problems -- British Parliament and the United States Congress", "the independence of the judiciary", "the constitutional state finance", "democracy party", "local autonomy and people's responsibility", etc..Speaking after the end of ten, he will lecture at finishing, namely "the Republic of China in future democratic constitution ten" as the title, making the commercial press published.These involve Chinese constitutional democracy of a wide range of topics and content, is completely according to the actual situation in 1946 is the country in many aspects, made in-depth study and careful consideration of judgment and constructive suggestions, reflects a patriotic integrity constitutional and political activist of the pursuit and personality.This social practice is not any one has ideal intellectuals want to do can do business, and only Zhang Junmai such as life-long study of constitutional democracy constitutional experts do this work to perfetto.