China first constitution

   In 1954, the first session of the first National People's Congress passed the "people's Republic of China Constitution". At this distance the five ministers abroad investigating constitutionalism has passed nearly fifty. During this period, he has tried to constitutional government, but was defeated in be beset with troubles internally and externally. The victory in the new democratic revolution, the constitutionalism becomes possible. "The 54 constitution" by Mao Zedong personally involved in the draft, which lasted two years, the domestic experts, participate in the discussion of as many as 150000000 people, this is a new China first constitution, Chinese first exercise of constitutional right, is also the first time to share this should belong to their rights.

One, "the constitution is a piece of paper with the rights of the people"

   Lenin said, "the constitution is a card with the rights of the people of the paper", Mr Sun Zhongshan said: "the constitution, the state constitution law, guarantee the people's rights and." Can say, the highest embodiment of constitutional rights in law. From the end of the Qing Dynasty, Chinese gradually embarked on the road of the constitutional government. Despite the rough and rugged road, has also been artificially distorted, however, Chinese people constitutionalism pursuit of democracy and freedom is never ending.

    Miss an opportunity of Constitutionalism
 

People of the constitutionalism is full of expectations

   In 1908 the Qing Dynasty in August announced the constitutionalism is limited to 9 years, in Chinese history first time proposed constitutional schedule. Before this, the Qing government has done a lot for the preparation for constitutionalism, prototype Chinese society is a democratic society.

   A

   Also known as a "constitutional democracy constitutional government", "constitutional government", refers to the constitution as the premise, democracy as the core, in order to protect the human rights as a political process purpose. The essence of constitutionalism is to limit the powers of government and protect the rights of the citizens, its role is to prevent the abuse of government power, maintain the freedom and rights of citizens. The Constitution and constitutionalism are different, the constitution is the constitutional declaration text, practice, system. The constitution is not a constitutional government, constitutionalism is the constitution.

   In the last 10 years of Qing Dynasty, is the key period of China from dictatorship to democracy transition. In the face of external forces of oppression and domestic demand change situation, the Qing Dynasty in 1901 - 1911 in all aspects of society have carried out a series of reforms, the reform was called the new deal in the late Qing dynasty. In the late Qing Dynasty, the most important is after the Russo Japanese War, political reform, namely constitutionalism 1905--1911 years.

   1904--1905 years in the China territory of Russia war broke out, the small island monarchy of the Japan defeated the serfdom behemoth, russia. Domestic and international public opinion that: a Russian defeat, is a constitutional triumph over tyranny.. At the beginning of the war the Western newspapers once pointed out: "the non Russian Japanese War, is constitutional, autocratic governance war two." The paper also emphasizes, this war "than the Russo Japanese War, and constitutionalism, authoritarian regime of the two war"; "non small can overcome in the country, real constitutional can defeat to tyranny"; "Japan to constitutional and wins, Russia to tyranny and defeat".

   In this context, constitutional government, speed up the reform of the political system, become a strong voice of many senior officials and community leaders.

   The Russo Japanese war broke out in 1904 February, the Yunnan Guizhou governor Ding Zhenduo, Yunnan governor Lin Shaonian UMC please reform. 190 5 year in June, Yuan Shikai combined the Liangjiang governor Zhou Fu and viceroy Zhang Zhidong played, please refer to the 12 year implementation of constitutional. In July, Zhou Fu and single title please execute "constitutional government legislation, law enforcement," separation of the three powers and local autonomy. The governor of Hunan in Fujian and Zhejiang rules into received the governor a job, also suggested that the implementation of constitutional. The Viceroy Cen Chunxuan also played please "to self-improvement, must reform; to reform, to reform the system of government. The plan for today, but a constitutional, can save." The minister, Yang Shu, to Sun Baoqi Liang Cheng, Wang Daxie have also agreed to play on the court, constitutional, stressed that "Baobang induced rule", "the constitutional way". In 1907 October, the famous scholar Ma Xiangbo in the establishment of the general assembly Zhengwenshe loudly to abolish dictatorial, he pointed out that in the "political parties" necessary and responsibility in a speech: "there is no absolute good politics, and absolute evil political... In terms of quality, it is despotism. Autocracy, bound everyone God I, that shall apply, so there is no country has as its. So the students as autocratic nationals, shall be the only obligation is to exclude the tyranny."

   These senior officials and community leaders in the constitutional consensus on and appeal, become an important power of preparing constitutionalism.

   The government asked the constitutional situation, the Empress Dowager Ci Xi led the Qing Dynasty complied with the trend of the times, began There was no parallel in history. constitutional reform.

   Two

   In 1908 August, the Qing Dynasty declared constitutional schedule: constitutionalism in 9 years. In the "list" by preparations for the design of preparatory constitutional progress: 1909 Provincial Consultative Council election in 1910 the State Council; Institute; 1917 held in Congress, constitutional government! The preparation for constitutionalism, is an attempt to establish a constitutional monarchy in Chinese, for the implementation of basic democratic politics make formal.

   As early as in September 1, 1906, the Qing Dynasty issued a "Declaration of constitutionalism order". And pointed out: "the country prosperous, is due to the implementation of the constitution, depends on public opinion, the emperor and the people together, share the feelings and sentiments, learn widely from others'strong points, specify permissions, and preparations for the Treasury, the government has to draw, male people... When the Department today, but in time in Xi Zhen nuclear, copying the constitutionalism, power to the imperial court unification, public affairs to the public opinions, to country million years as base." In view of the regulation has not prepared, education of the general, "a few years later, the size of the coarse, check the situation, the countries with constitutional implementation method, on time, and then announced the world". Although still emphasizes "power to the imperial court unification, public affairs to the public opinions", but undeniable, the imperial edict is China despotic rulers on the first constitutional affirmation and denial of authoritarian regimes for two thousand years.

   Two years later, the Qing Dynasty announced 9 years preparatory constitutional term. L908 year in August 27th, the Empress Dowager Ci Xi and Emperor Guangxu issued "nine years of constitutionalism by implementation of preparations for the encyclical", pointed out: "when this critical juncture, and his fellow workers by 3, both when vigilance indulge, cleaning habits... All the people should learn to learn Autonomy education in all matters, management by the government in Beijing in the provinces, governors, supervise preparation is always reminders, do not play any extension." And clearly to be completed on schedule 9 years Constitutionalism: "to set up Parliament, to prepare for the perfect thing for a year, since this year, in ninth years will be the preparatory affairs will do together, then shall be enacted and promulgated called imperial constitution, members of the imperial." Some scholars have pointed out, this is the last empress dowager Ci Xi's edict was promulgated, it is her political testament.

   Before and after the announced constitutional schedule, or in the preparation for constitutionalism, the Empress Dowager Ci Xi make snap, carried out a series of political reform measures:

   1, the Western Constitutionalism

   In 1905 September, Dai Hongci, the Qing Dynasty dispatched zaize rules, Xu Shichang, Shao Ying 5 ministers expeditions, investigating constitutionalism. 5 ministers and attendants 24, boarded the train, only to encounter the revolutionary party bomb terrorist activities. The revolutionary party Wu Yue with bombs, car with five ministers, "suitable for shuttle vehicles, body fierce back, bomb and the articles, a shock, do not throw, the blood spatter, iron, from". The results, wounding zaize, Shao Ying et al, Wu Yue also was killed. "Times" commented: "five ministers the overseas study politics, thought the constitutional preparation, its relationship to Chinese most heavy and large, where a little patriotism should how to take the matter seriously and wish Qihang. But this just on the road, and suddenly the majority of adventure, although five ministers were fortunately unharmed, but these thugs become frenzied come to such an extreme, which is really not punish!"

   Terror from the West did not shake the determination. The rules in the Shanghai press electric said: "the explosive, wicked and crafty people opposed constitutionalism, meaning very sinister, ran Yi syndrome can not be slow or constitutional." In 1906 in summer and autumn season, the delegation (Xu Shichang, Shang Qiheng, Li Shengduo, Shao Ying by alternative) has returned, they were a powerful nation to investigation report of constitutional government, urged all things foreign powerful and prosperous, "to the constitutional monarchy."; Chinese is poor, "to still use the monarchy". That China to national wealth, "in addition to the constitutional monarchy, cover without him." They also into "and" Volume 133, "Europe and the United States politicians and political meaning of" Chapter 18, for the constitutional.

   Since then, the Qing government has repeatedly sent abroad, the study of Western democracy.

   2, set up a professional organization

   In November 25, 1905, the Qing Dynasty set up the reform of the political system of specialized agencies "study political Museum", whose duty is to " careful study, selected countries and China governance body for politics and law, consider the gains and losses, compile the book into a book, at any time was ruled, wait." The political center in 1907 changed to the constitutional compilation museum. The agency to do a lot of practical work for the planning of the preparation for constitutionalism.

   3, the establishment of the State Council and the Advisory Council

   The preparation for constitutionalism period the Advisory Council and Advisory Bureau, respectively is the transitional form of national parliament and the provincial assemblies.

   In September 20, 1907, Emperor Guangxu issued a "Council" encyclical, explicitly proposed the establishment of the State Council: "constitutional monarchy, depending on the house of Commons, public opinion, is the administration of the. China lords and Commons failed to set up, should set up the Advisory Council, to house foundation". This shows that the ruling class has been publicly accepted the modern democracy.

   In October 19, 1907, Emperor Guangxu issued "the provinces speed set Advisory Bureau Yu". The edict of the provincial capital requirements "in speed set Advisory Bureau, choice of justice informed officials started its thing, by the qualified people for the public good as board members, shall not make the conduct of absurdity one arbitrary people abuse during the toilet." The Conference Board role is to discuss "place should be leather Hing matters", refers to Chen Tong province disease, raise plan of local security, and the Advisory Council of the order of storage". In 1908 July, Qing Dynasty promulgated the "Regulations" and "consultative consultative council members election statute", then the Consultative Council elections held. In 1909 March the Qing Dynasty Xiazhao life provinces within the year established advisory bureau. To mid October of that year, the country has 16 provinces have established the Advisory council. In 1910 September the National Advisory Council on hospital.

   The creation of the State Council and the conference board, make two thousand years China constitutional change, occupies an important position in the history of the development of China on democracy.

   4, promulgated the "imperial constitution outline"

   In August 27, 1908, Qing Dynasty promulgated "the outline of imperial constitution", this is a constitutional monarchy nature of legal documents. By despotism begun the transition to constitutional monarchy, natural hope and accustomed to the monarch retains more power, this is not surprising, as specified in the "army and navy commander in chief", "Eagle on the power". But the emperor's power after all is limited, such as emperor "although the provisions of closing in the house, in case of urgency, have Dahir hair generation laws, and to raise the necessary funds by", but "I to the next session, shall pay the house agreement." In the "Outline" and the "house of law enacted at the same time the essentials" states: "the state revenue and expenditures. The annual budget, by the Senate co praise ", namely the economy nor the emperor despotism.

   "Imperial constitution outline" announced, "subjects within the law, all speech, books, publishing and assembly, association, are quasi free", also provides subjects personal, property, housing and other rights are protected by law. The right of the people first got admitted by law, this is epoch-making in China history.

   On the "two rules": "the outline of constitution granted by the Qing Empire, a series of eternal, permanent permanent statue wearing"; "the king on the sacred dignity, shall not be infringed", people often denounced as a symbol of tyranny. In fact, this provision does not violate the constitutional spirit, because the attempt to establish a constitutional monarchy, and constitutional monarchy countries in the world are hereditary monarchy, the monarch as head of state, the inviolability of the dignity of the Qing Dynasty, why the provisions on behalf of tyranny?

   "Imperial constitution outline" confirmed the monarchy of the direction of political reform, is a legal document of modern constitutional significance with the first Chinese, plays an important role in the China legal history.

   5, the implementation of local autonomy

   In 1905 August the Qing Dynasty began to offer local autonomy in Zhili Fengtian and. In 1909 1910, Qing government promulgated "series of self-government charter", "Charter of self-government election" and "local autonomy", the "Fu County Local Autonomy", "Fu County Council election rules", in the country to carry out democratic autonomy.

   Xin Hai local self-government bodies before the revolution, many provinces have been set up all over the place in half, bureau of national autonomy, autonomous institute. Autonomous Institute and other official agencies, and trained a large number of democratic elections of the backbone, local self-government movement vigorous development.

   6, the reform bureaucracy

   The Qing Dynasty declared constitutional preparation, the separation of the three powers, the central and local government system reform. Since the central government abolished the Sui Dynasty followed the six provinces for one thousand years, the French Senate legislation, administration of cabinet departments, judicial department (Dali Institute of law in the trial, the Ministry of supervision). Places are modeled by central, Provincial Consultative Council for the legislature, the governor, governor for the local administrative organs, to the high court is the highest judicial organ. The government, state, county departments according to the "separation of the three powers" of the principle of the establishment. The reform, has laid the foundation for the preparation for constitutionalism.

   7, constitutional monarchy

   In November 3, 1911, the Qing government promulgated the "nineteen major tenets" (referred to as the "Nineteen principles"), announced to the British constitution "virtual ruler Republic" system, implement the responsibility cabinet system. "Nineteen principles" of the monarch's power are limited, "the emperor of authority, the provisions of the constitution are limited", this is actually a parliamentary monarchy constitution. Some constitutional experts later spoke very highly of it, think it is "the only constitution in Qing Dynasty, but also the history of our country's first constitution". "" Nineteen creeds "won the British constitution spirit, the representative body for the national political center, if its implementation, by the work period, the only pity its too late to the ear. When you ten years earlier announced, Qing tussah or due to not cut, not knowable also!"

   Three

   The preparation for constitutionalism, the Chinese society become a prototype for a democratic society, namely, form the preliminary, immature, imperfect democracy.

   In the election. The democratic election of national or regional leaders, is the main content and the way of democracy, is a fundamental standard of democracy. "The right to vote is a democratic country people, must have a minimum, at least the political right... If people do not have the right to vote, not the election officials and representatives, the state is not a democracy... Any true democracy, we must let the people enjoy the right to vote."

   In 1908 the Qing Dynasty promulgated in accordance with the "articles of association" and "consultative consultative council members election statute", the provinces held a Consultative Council election, elected members of both books, there is also engaged in the local public welfare undertakings from politicians and people, they have the political ability, inquiry, debate, be full of sound and colour. The British "times" reporter Morrison on the Advisory Council election evaluation of Shaanxi, said: "the conscience and etiquette is first Provincial Consultative Council meeting". The Advisory Council election despite the presence of immature phenomenon, but public affairs manager Bi Jing is produced by the vote, this is the first time in history in Chinese.

   In the separation of powers and checks and balances. Montesquieu said "all the people have the power abuse of power, this is unchangeable experience. To prevent the abuse of power, must use power to restrict power". The essence of constitutionalism is the restriction of government power, the protection of various rights and interests of citizens, to prevent the democracy to dictatorship. Separation of the three powers is the only way to prevent the democracy into dictatorship method of the current political science know. The Qing Dynasty declared constitutional preparation, the separation of the three powers as the principle, the establishment of the central and state organs, county.

   As a transitional form of Congress and the provincial council, the establishment of the Advisory Council and the conference board once, then perform the Democratic checks and oversight functions, the exercise of rights is not the separation of the three powers, people know the comparable to rubber stamp. "Imperial constitution outline" attached "law" provisions of the "house of the essentials of national revenue and expenditures, the annual budget, by the Senate co praise" power, the 1911 budget, the Advisory Council members to exercise power, detailed audit, in our epoch-making first introduced the budget supervision. A Western reporter observed in China said: "the interim parliament has in a sense the past never expect power" Provincial Consultative Council vice versa, such as Zhang Jian, speaker of the Jiangsu provincial assembly, strong administrative power of the governor on behalf of the formation of some degree of supervision and checks and balances, when administrative power to resist their insolence supervision, they quit the job with a collective expression of protest. As l911 Hubei, Sichuan Province Advisory Bureau leadership against the Qing government "state-owned railway protection movement" policy, eventually become Xin Hai revolution etc.. These institutions has also formed a federation, led Congress Petition Movement, such as 1910 to 1911 cars by the Provincial Consultative Council and Advisory Bureau Federation headed four please founding movement. In short, the State Council and provincial assembly become balance and promote the progress of government power that can not be ignored, the action that they have independent character of institutions.

   In the supervision of public opinion. The supervision of public opinion is the foundation of democracy, that citizens have the right to contact various independent sources of information, all kinds of political affairs and the wide range of, enjoy the right of free expression.

   The preparation for constitutionalism during China, have a large degree of freedom of speech and freedom of thought. Constitutionalism period, various newspapers such as bamboo shoots after a spring rain is like the emerge in large numbers of folk. People can also discuss state affairs, politics, criticized the government, promoting democracy. "Everyone is the heart of self-confidence, to express their views freely without flexion avoidance" ("Xin Hai revolution ten years ago when the anthology" third volumes of 628th pages). You can put up a pageantry to introduce western political, legal, financial, political, historical, educational theory of publishing, such as "people", "all about the constitution", "house" in comparison, "election law", "on local autonomy to Kam", "constitutional law system to" hundreds of books were translated and published, its democracy, freedom, equality, plays a positive role in promoting the progress of the society Chinese. 1904 - 1907 Liu E "travels of Laocan", Wu Woyao's "twenty years have witnessed a strange situation", Li Bao Jia's "officialdom Xianxing Hutchison", these works with a distinctive social criticism, expressed strong dissatisfaction and despair to the society, not relaxed freedom of speech, they are not available.

   In the freedom of association. In a democratic society, citizens have the right to form independent associations and organizations, including the independent political parties and interest groups, so that the pressure group, to achieve a variety of their rights.

   The preparation for constitutionalism during China, have a large degree of freedom of association, announced "constitutionalism, constitutionalism should first organize the party" voice is As one falls. To "the first half of 1911, political society, constitutionalism into will, Xin Hai Club Constitution, friends will have been established, the first batch of legal political party China appearance." "According to the test, the chamber of Commerce (only with Federation and branch) has more than 900. To 1909, around 723 and education of... By 1911 at least always 19, branch 276. Only the three phase, has reached more than 2000".

   In a word, the late Qing Dynasty opened the end of the old system, open innovation system channel, make China freedom unprecedented increase, the embryonic form of civil society has formed.

   Four

   Practice of preparing constitutionalism, the Chinese two thousand years of monarchy replaced become irresistible trend of constitutional monarchy. After the reform and practice, several years of people, the gentry and officials to understand the convergence of constitutionalism, substantive political reform is ripe. It indicates that the despot, should follow the trend of the times, to promote the realization of democracy.

   But the key moment, the Empress Dowager Ci Xi died. In 2008, Ci Xi passed away for one hundred years, Ci Xi's evil many, but also can not deny its actions, especially when she first defined the constitutional monarchy in China time history, and adopted a series of preparatory constitutional measures.

   Guangxu emperor and Empress Dowager Ci Xi died, Prince Regent and Empress Dowager Longyu incompetence, the Qing court in an extremely passive position. Xuantong emperor ascended the throne, the next day, December 3, 1908, published "reiterated that are" Xuantong eight years only constitutional government edict "emphasized 9 year preparatory constitutional" period to the officers are not allowed to see, and broken line extension, bungle opportunity "(" modern Chinese Constitutional History: historical alliance ", China University of Political Science and Law press, 2004 edition, page 134th). In March 6, 1909 the Qing government reaffirmed the constitutionalism. After the preliminary constitutional period from 9 years to 5 years, and in 1911 May organized the unpopular "Royal cabinet". Even if finally issued "the nineteen major tenets", accept the constitutional monarchy, but peaceful evolution time has been violent revolution cut.

   With the fall of the Qing Dynasty, to China brought infinite hope of preparing constitutionalism will ruin.

   At the end of the Qing Dynasty "constitutionalism" although not successful, but its significance, memorable.

   Constitutionalism has drawbacks, but it is not "false restoration". It is the beginning Chinese two thousand years "Qin" to "constitutional government", is the "first test in the constitutional" Chinese. The preparation for constitutionalism acknowledged representative, people's fundamental rights, local autonomy; some measures it touched the fundamental autocratic rule of the Qing Dynasty, the China pure autocratic system ceased to exist; public opinion supervision, check and balance the development of freedom of speech, association and growing. These make the whole system of society Chinese towards democratization orientation, China showing a prototype of a democratic society.

   Preparatory constitutional practice, accumulated resources for China democracy, prepared the material and social conditions. After the end of constitutionalism, democracy and related law and some of which are still in the trial, the press and community organizations still play a role to promote democracy, Chinese democracy progress.

   Practice has proved that the preparation for constitutionalism, as long as the reform of the political system to a gate open, democratic tide is surging. A statesman should seize the opportunity, and social interaction, and actively promote national progress and democracy. But the Empress Dowager Ci Xi later rulers has been unable to grasp the opportunity. Even take useful measures of democracy, also lost the trust of the people and the echo.
   Nearest neighbour tiny Bhutan successfully completed the election, which is by the king Singer down a hand pushing for democracy. Phoenix TV guest refers to King Singer, explained why he should take the initiative to democracy, he considers the implementation of democracy would take peace time, wait until the social problems caused by the system to all exposed, it may be all too late. It can be used to preparing constitutionalism.

   Time flies, a hundred years. The preliminary constitutional gave China bring the infinite hope, even all people to hear "be overjoyed and said: China constitutional Yi, strong, sprouted in the." When one has passed away, sad unceasingly.

    The old Chinese eight constitutions

"The provisional constitution of the Republic of China"

    (a), "imperial constitution outline"

   In 1895, Jia Wu naval and Russo Japanese war in 1905, Japan this tiny beat two Empire, to shock the world, Japan because of constitutional monarchy and Sheng, China and Russia because of tyranny and defeat. This finally made the decision of constitutionalism, so send minister visiting Europe, sending children to study America. In September 1, 1906, the Qing government promulgated the "Declaration" preparatory constitutional order, the establishment of the political center (later renamed the constitutional compilation Museum), act as structure of constitutionalism, made some preliminary constitutional activities, the establishment of the Advisory Council, in the central provinces to set up the Advisory Council, and in 1908 promulgated "the outline of imperial constitution" (also known as the "imperial power the constitution"), as the future of the program. "The main content is as follows: ① outline" sovereign inviolability; ② controls the rule; the subjects according to legal rights and obligations have deserved. Its outstanding characteristic is the emperor despotism, people had no right to continue to maintain the feudal autocracy, for the purpose of, which provoked the wrath of the people, but also make the constitutionalists greatly disappoint one's hopes. Although the "Outline" defects, but the constitution as the fundamental law of the state position then determined, the most obvious sign of this is also the transformation of traditional law to modern times.

   (two), "the nineteen major tenets"

   The preparation for constitutionalism at the beginning of the Qing government adopted the infinite delaying tactic, but the perturbation in the revolutionary movement and to draw the constitutionalists, first introduced the constitutional outline, and announced that the constitution to nine years in 1908. People feel disappointed to the constitutional court, then the outbreak of the Wuchang uprising, the reformers and the opportunity to put forward to want to overthrow the Royal cabinet, urged the agreement constitutional, the Qing government in order to tide over the crisis, temporary processing "constitution in 1911 nineteen major tenets" (also known as the "compromise", the constitution). The constitution although some concessions to the public, but still a monarchy in the premise of ensuring the imperial power, and issued too late, have no what practical significance, can not save the Qing Dynasty the fate of extinction, and become the preparatory constitutionalism of the Qing Dynasty government towards bankruptcy record.

   (three), "provisional constitution of the Republic of China"

   In October 10, 1911, Sun Zhongshan Xin Hai revolution overthrew the two thousand years of the monarchy, the establishment of the Republic of China Nanjing provisional government, the election of Sun Zhongshan as the interim president, in March 11, 1912, Sun Zhongshan published "provisional constitution of the Republic of China" (also known as the "five power constitution"). The five power refers to the legislative, executive, and Si Faquan, supervision and examination authority, restricting the five power is subject to the national elections, initiative, impeachment, referendum Siquan, combining the five Zhiquan and four regime is the most ideal constitution. "Five power constitution" common "master, the people, the Senate, the interim president, vice president, the State Council, the court and the annex" 7 Chapter 56, mainly has: ① for the first time in the fundamental law of the Republic of China territory regulations (including Mongolia), external maintenance China territorial integrity, not invaders; ② provisions the people's rights and obligations; the provisions of the basic economic system of free capitalism; the provisions of the constitution of the Republic of China; the provisions of procedure "temporary constitution" and strict modification. "Provisional constitution" although subject to the limitations of the times, has many problems, it plays an important role in promoting the modernization of China society, Mr. Sun Life for democracy, to establish a republic, the "provisional constitution of the Republic of China" as the soul, the devoted a lot of effort, and launched the two law of war of, this is an important practice of Sun Zhongshan's "five power constitution" ideas in legislative activities in the.

   (four), "the constitution of the Republic of China (Draft)"

   The Northern Warlords Yuan Shikai steal the regime, in order to be officially president, Congress violated the constitution stress procedure, first elected president after the publication of the constitution. Yuan Shikai to use force when the president, have begun to undermine the existing Congress, proposed expansion of presidential power to Congress, reduce the restriction on the president's Congress right "add revision bill", and sent to the Congress to present their views on the draft constitution, but was rejected by the Congress refused to. October 31, 1913 by the advantage of the Republic of China Congress "constitution of the Republic of China (Draft)" (also called "Tiantan constitution draft"), it still retained the more Democratic Republic of color, especially in the government inherited the "provisional constitution" responsibility cabinet system, which did not reach the purpose of Yuan Shikai. In order to make the "Tiantan constitution draft" abortion, Yuan Shikai ordered the dissolution of Parliament, "Tiantan" was a draft constitution.

   (five), "the Republic of China Constitution"

   In March 18, 1914, Yuan Shikai founded the constitution conference, as the "provisional constitution" revision of authority, Law Conference in Yuan Shikai proposed to grasp at authority by oneself the additional interim constitution outline seven, May 1st, Yuan Shikai issued the "Republic of China Constitution", (also known as the "Yuan Ji constitution"). "Republic of China Constitution" and "compared with the provisional constitution of the Republic of China", has two characteristics, one is the implementation of the presidential system; two is to abolish the Congress, the Legislative Yuan; "remember" established by the constitution is the president of authoritarian political system. Then, in order to achieve the president tenure and inheritance for the descendants of the hereditary purpose, published the "election law", provides the legal basis for the president for life and the hereditary system, the ultimate goal is to become the emperor of yuan, in December 31, 1915, Yuan Shikai against the historical trend and ordered to change the name of the country of the Chinese Empire, in the following year for the first year of Hongxian, due to the opposition, but the 83 day the emperor Yuan Shikai in the people of the whole country a call condemning mortality.

   (six), "the constitution of the Republic of China"

   Yuan's death, Duan Qirui to the name of the State Department announced the national power, in Yuan Shikai's will, in accordance with the "Republic of China Constitution", the authority to Vice President Li Yuanhong for president. It is intended to "provisional constitution" and refused to return to congress. After the parties under the pressure of the government, Duan Qirui was forced in June 29, 1916 announced the resumption of "provisional constitution" and the old "election law". In August 1st, Congress reconvenes, resumed after NPC and CPPCC continues the discussion of "draft constitution of heaven". In 1917 Duan Qirui and Li Yuanhong in the fierce conflict whether war on germany. Li ordered from segments of the prime minister post, a provincial governor to declare independence. To solve this crisis, Li call Anhui warlord Zhang Xun into mediation. In June, Zhang Gong rate braid army into Beijing, forced the Qing Emperor Li dissolved Parliament and support the restoration. The activity break again.

   In 1922 the first straight from the war, direct against Feng system, control the government of Beijing, off selected by "the Anfu Congress" of President Xu Shichang, President Li Yuanhong and Congress post recovery by second dissolution. In June 11, 1922, Li Yuanhong was reinstated, Congress has second complex, because the number of members to less often, a quorum is not met, the motherland will in 1923 March Second Amendment Congress organization law "". The revised "law" Congress reduced the statutory number of meetings and voting quorum ratio. After this modification, the meeting was to be held in the constitution, to discuss "the draft constitution of Tiantan". During the discussion, Cao Kun, eager to make a great president, the incumbent president Li Yuanhong forced out of Beijing and resign, take bribes to be president, when the people of "bribery president". Cao Kun in October 10th promulgated the first China history the formal constitution "constitution of the Republic of China", known as the "constitution of bribery". "The basic content and features of the constitution of the Republic of China" is: ① the ROC Constitution forever for the Democratic Republic of the constitution of the Republic of China; the responsibility cabinet system, but also has the part contains presidential system; the provisions of the central and local power distribution, and local autonomous system. "The constitution of the Republic of China" is a relatively complete bourgeois constitutional, but because the constitution only objective is to make the bribery legal, legislative procedure is not normal, progressive significance this constitution was completely offset. In 1924 second straight in the outbreak of the war, in October 23rd launched the "Beijing coup direct general Feng Yuxiang under house arrest", Cao Kun, "constitution of bribery" has also been completely abandoned.

   (seven), "the constitution of the Republic of China (Draft)"

   At the beginning of 1928 6, Zhang Zuolin from Beijing, via Shenyang Huanggu Tun was Japanese killed, the Northern Warlords government ended, the history has entered a period of KMT rule. Among the Kuomintang in October 3rd by "political tutelage" programme, established the one party dictatorship system. Jiang Jieshi power politics caused by the various factions within the Kuomintang dissatisfaction, and thus triggered Jiang and Li Zongren, Feng Yuxiang and Yan Xishan new warlords. For the legal system, the national government in June 1931 announced the "provisional constitution of the Republic of China," the period of political tutelage, its main contents are: the establishment of the Kuomintang one party system; the provisions of the chairman of the national government headed by the art of the government system; the provisions of the democratic rights of the people; the provisions of the basic economic policy to the development of national capitalism.; the provisions of the central and local power and county self-government system.

   Nine one eight after the incident, the national crisis of unprecedented magnitude, the Communist Party and patriots from all walks of life are the end tutelage, democracy, unity against japan. The Kuomintang in all walks of life pressure, in 1936 May, 5 announced the "constitution of the Republic of China (Draft)" (commonly known as the "five five down"), its main content is: ① establish five council system and president power system political system; the implementation of "equalization of land ownership" and "capital" in the economic system; Autonomous County ③ executes. Because the Japanese invasion, "five five down" not by Congress formally adopted the "die young".

   (eight), "the constitution of the Republic of China"

   In 1945, after the victory of Anti Japanese War, the Kuomintang and the Communist Party signed the "Double Tenth agreement", the old people's Political Consultative Conference held in Chongqing in 1946, the principle of amending constitution and the amendment submitted to the national assembly. The outbreak of the civil war in June 1946, the KMT in the discussion, without the Chinese people's Political Consultative Conference without the Communist Party and the democratic parties participate in the case, both the convening of the national assembly to pass a constitutional amendment. In 1947 1 month 1 days of the Kuomintang announced the "constitution of the Republic of China", (which is now "Taiwan constitution"). The main contents are as follows: the National Assembly shall be reduced, the exercise of the right of initiative, referendum was delayed; implementing centralized presidential system in the regime; two autonomous province, county to implement the; ④ for support from western countries, implementation of "respect the terms" foreign policy, the damage state and National interests.

   In short, the invasion of foreign powers plus domestic warlords, the old Chinese although has had eight constitutions, but has the Constitution without constitutionalism, rule was incurable, constitutional activity "abortion" is not "die", there is no condition, entered the Beijing warlords staged scenes of "constitutional" scam, the Jiang Jieshi also did not give the national bring real democracy. China modern history is a disgrace to the Chinese nation history, no country in the world such as China be dogged by bad luck, constitutional history traversed a long arduous and tortuous. Only under the right leadership of the Communist Party, the people's Liberation China get, be in power, democracy and the rule of law.

Two, brewing for several years to the birth of a new constitution

   In December 24, 1953, Mao Zedong led the drafting group members of the Chen Boda, Hu Qiaomu, Tian Jiaying by special train to leave Beijing, on the 27 day and night to the picturesque Hangzhou, start to do a matter for the legal system construction of new China lay Chiaki foundation, the drafting of the constitution of the prc.

    Three Stalin

Mao Zedong first visit sue and Stalin

   Leading the people of the Soviet Union established the socialist system, making the world's first socialist constitution of Stalin, but that China should be held the National People's Congress, the constitution. In 1952 October, Liu Shaoji led the delegation to attend the nineteenth National Congress of the Communist Party of the Soviet union. He commissioned by Mao Zedong, envisaged the Chinese transition to socialism, to seek the views of Stalin, one of the problems is that the CPC Central Committee on the convening of the National People's Congress and the constitution of the assumption. Stalin is in favor of ideas about the transition to socialism, the Communist Party of China put forward at the same time, in order to refute the international hostile forces of the new China attacks and convenient China better carry out construction, China should be held in the National People's Congress and the constitution ahead of time.

   He said: "I suggest, you can vote and the Constitution in 1954."

   This is the third time Stalin on this issue raises a proposal.

   The first is the foundation of the new Chinese eve. In 1949, June to August, with the direct exchange of views, Stalin and the Soviet Union support for the work in the new China the up coming, Liu Shaoji secretly visited the Soviet union. During the talks, Stalin talked about constitutional questions, suggestions Chinese now available "common program", but should be prepared to the constitution.

   Liu Shaoji asked: "you said whether the constitution refers to the nature of socialism?"

   Stalin shook his head and said: "no, I said that the current constitution."

   He then said: "the enemy can be used two statements of publicity to the masses of workers and peasants, against you. One is that you don't vote, the government is not elected; two is the national no constitution. The Chinese people's Political Consultative Conference is not the election, people can say you use the force to control the position, is the self proclaimed; the common programme not representatives of the people through, but by the party put forward, other parties to be agreed. You should take this weapon in enemy hands. I agree with you, the common programme into the fundamental law of the state."

   The second suggestion is that at the beginning of 1950. Mao Zedong's first visit to the Soviet Union, Stalin on the construction of the new China raised three suggestions, including second points, is proposed the convening of the National People's Congress and the constitution.

   Visible, the suggestion of Stalin, is not a be prompted by a sudden impulse, but after over in one's mind. On this important suggestions to Mao Zedong, Liu Shaoji and the CPC Central Committee made a report. The Central Committee of the Communist party seriously considered and accepted Stalin's advice, make a decision by the end of 1952: the convening of the National People's Congress and the constitution as soon as possible, and in accordance with the provisions of the National Committee of the CPPCC proposals by CPPCC, to the Central People's Government Committee regularly held the National People's Congress recommendations.

   In December 24, 1952, the CPPCC Standing Committee held an enlarged meeting of the Communist Party, agreed to China advice, decided to recommend to the Central People's Government Committee of the CPPCC National Committee, according to the provisions of the tenth paragraph of the Central People's government organization act of seventh, preparations for the convening of the National People's Congress and the local people's congresses, the constitution.

   In 1953 January, the Central People's Government Committee decided to convene the National People's Congress in 1953, the constitution, and set up to Mao Zedong as chairman, Zhu De 32 people such as members of the people's Republic of China Constitution Drafting Committee, constitutional draft.

   The original convening of the National People's Congress, in 1953 the constitution, why later postponed to 1954? One reason is that in 1953, some areas in China were hit by severe natural disasters. To concentrate to overcome the natural disaster, the Central People's Government Committee in September 18, 1953 twenty-eighth meeting, decision of the National People's Congress postponed to 1954 held. In addition, the more important reason is that, at that time to formulate constitution is a constitution for the transition period, if a series of important content of the general line for the transition period is not solved, the Constitution does not establish. In fact, the transition to socialism from 1952 September Mao Zedong, the general line for the transition period has gone through a long time brewing, until 1953 December before finally determined the general route of the whole expression. Therefore, after the problem solving, Mao Zedong immediately focus turned to the drafting of the constitution. In December 24, 1953, the Political Bureau of the CPC Central Committee held an enlarged meeting of Party Central Committee Chairman Mao Zedong, decided to take some time off, this time by Liu Shaoji presided over the work of the CPC Central Committee by Mao Zedong, Mao Zedong to proceed with the drafting of the draft constitution of the people's Republic of china.

    Initially conceived of the question and the Central Committee of the Communist Party

A CPPCC through the "common program" a provisional constitution

   The new Chinese was founded at the beginning, because does not have the National People's Congress, held the constitution condition, the National People's Congress's authority is the China people's Political Consultative Conference of the act, the CPPCC National Committee first plenary meeting of the "common program", has a temporary function of constitution. By 1952, a large-scale military action nationwide has ended, the land reform was basically completed, the national economic recovery task successfully. In this situation, the CPC Central Committee decided to lead the people to the socialist transition. In September 24, 1952, Mao Zedong put forward from now began to imagine the transition to socialism in the Secretariat of the Central Committee meeting, then discussed for many times.

   In determining the transition to socialism. At the same time, held the National People's Congress and the constitution of the CPC Central Committee issues into consideration. In accordance with the provisions of the CPPCC National Committee Organization Law: the Chinese people's Political Consultative Conference Chinese plenary meeting held once every three years. By the end of 1952, a CPPCC is about to expire, and should therefore be held its second meeting as soon as possible, otherwise will be the convening of the first National People's congress. Considering that cannot complete the convening of the National People's Congress has to do in a relatively short period of time to work, the lofty status in the National People's heart and China people's Political Consultative Conference, Central Committee decided to convene the second National Political Consultative Conference in 1953, at a later time to the National People's Congress meeting.

   At that time, the Party of the constitution, the Central Committee believes that, in the transition period, the public recognition and abide by the "common program" as the fundamental law of the country can be, because the class relations in transition period has not had the radical change, even if the constitution, I'm afraid most is the repeated "common program" content, won't have big change. Therefore, the central consideration in the transition period can temporarily not the constitution, but continue to "common program" instead of the constitution, and the Chinese people's Political Consultative Conference in after plenary meeting or the National People's Congress on the "common program" be amended. Entered the stage of socialism in our country basically, destroy the bourgeoisie, class relation has fundamentally changed, to develop the socialist constitution.

    Mao Zedong personally presided over the drafting of the Constitution

Mao Zedong wrote the Constitution

   Mao Zedong draft of the constitution very seriously, he not only served as the chairman of the Committee on the drafting of the constitution, but also personally assume leadership, the leadership of the CPC Central Committee constitution drafting group to draft constitution drafting. Third days after the enlarged meeting of the Political Bureau of the central night, Mao Zedong that led the constitution drafting team three member Chen Boda, Hu Qiaomu, Tian Jiaying, set foot on the south train, from Beijing to Hangzhou. On the way to Hangzhou, his entourage said: by law, must have a law. We went to Hangzhou, is to be able to concentrate on the building of a country.

   In under the auspices of Mao Zedong, the constitution drafting group to develop a detailed work plan, submitted to the approval of the central government is drafting. In three months, the constitution drafting group has drafted and revised four draft. In early March, enlarged meeting of the Political Bureau of the central discussion through the fourth draft, the constitution Drafting Committee submitted the draft constitution draft. The constitution drafting committee accepted by the Central Committee of the CPC Constitution Draft, held seven meetings to discuss the changes, the final form of the draft constitution.

   In the constitution drafting process, Mao Zedong on previous constitution draft has been revised many times, has written many comments, and in the constitution drafting the Central People's Government Committee, to discuss the draft constitution of the meeting made a speech several times and chipped. The drafting of the Constitution in June 11, 1954 the last session of the committee, Mao Zedong concluded: "the drafting of the constitution, after nearly seven months of. Initially the first draft is in last year 11, in December, second draft is in West Lake, spent two months. The third version is in Beijing, is the CPC Central Committee put forward the draft constitution draft, to now also changes a lot. Each time the manuscript itself has many modifications, in West Lake the second draft, there are seven or eight. And finally, I'm afraid there are ten or twenty notes." "In short, is repeated studies, go into details."

    A meeting of the first session of the National People's Congress voted to "people's Republic of China Constitution"

Liu Shaoji made the draft constitution and Political Report

The conference by the constitution of the Republic

   After the March 23, 1954 to June 11 calendar widely eighty-one days of discussion and revision, the draft constitution submitted to the National People's public discussion of the conditions are ripe. In June 24th, Mao Zedong chaired the thirtieth meeting of the Central People's Government Committee, unanimously adopted the "constitution of the Republic of China" and "the draft of the constitution of the Republic of China published draft resolution". The meeting concluded, "the draft constitution of the people's Republic of China" was published, solemnly delivery people throughout the country and to solicit the views of discussion. For more than two months after the country from all walks of life, a total of about one trillion and fifty million people took part in the constitution of the discussion, they enthusiastically support the draft constitution, and put forward many amendments and addenda.

   At three pm on September 15, 1954, the first session of the people's Republic of China, the first session of the National People's Congress, in the grand opening of the Beijing Zhongnanhai Huairen hall. General assembly in Mao Zedong auspices, a constitution and several important legal agenda. The general assembly in September 20th, the first session of the first National People's Congress passed the "people's Republic of China Constitution". Attended the meeting on behalf of 1197 people, 1197 votes to 1197 votes.

   The people of all ethnic groups in China through protracted and arduous struggle, finally had a represent their interests, reflecting people's democratic principles and the principle of socialism constitution. The construction of democracy and legal system Chinese has a good start is important. To implement the constitution, to prove that it is suitable for China conditions. From the fifty's to the early sixty's to the implementation of the constitution is better. In the late sixty, serious setbacks of the China political life. Since 1982, according to the new period of practical experience, our constitution has been revised several times, but still is built on the basis of the 1954 Constitution, is the inheritance and development of the 1954 constitution.

Three, the implementation of three carrying undeclared fee

   With the "left" political philosophy has become fierce, building the rule of law in new Chinese was damaged. Mao Zedong himself has said "this thing the law does not too, but we have a set of our." "Civil law, criminal law provisions as many who remember? The constitution is me to make, I also remember." 1957 years to 1965 this period of time, the National People's Congress of shake and crumble status. The constitution of 1954, the first is to reduce the prestige, finally was not announced and waste of doom.

   The 1954 Constitution implementation after three years why is gradually abandoned

   Formulate the constitution of 1954, a problem that everybody cares most is, can be carried out after the adoption of the Constitution? This, Mao Zedong in this draft constitution discussed at the thirtieth conference of the Central People's Government Committee said: "it is entirely possible that the draft constitution, to be implemented." "By then, the people of the whole country everyone to implement, especially the staff of state organs to take the lead in the introduction, first you must implement the. Do not implement is a violation of the constitution." In the draft constitution a discussion meeting of the first session of the National People's Congress, the delegates also said, sincerely embrace this great constitution, and is willing to fully realize the struggle. But some representative doubts. Huang Yanpei representatives say without mincing words presented in the statement, after the adoption of the constitution, can do it, "I have a concern." To this end, he said: "I am very earnest request various aspects to the Constitution gives more attention to correct execution, all the leadership, management, supervision, the implementation of the constitution, the serious looking." Later practice has proved, such worries are not without justification.

The first 3 years of the 1954 Constitution, because of all the attention, the situation is good. According to Peng Zhen recalled: "at that time, the central government decided to major issues, Chairman Mao, Zhou often ask: Is it right? Constitutional?" Can be seen at the time of the central leading comrades is noted in accordance with the constitution. This 3 years, the people's congresses at all levels carry out the duties entrusted by the constitution, and plays an important role in the life of the country. The National People's Congress and its Standing Committee have formulated over 80 laws, decrees, and pay close attention to the criminal law, civil law, basic law drafting, to 1957 new criminal law draft of the twenty-second draft, the NPC Standing Committee decided to, to the National People's Congress for comments. The National People's Congress and its Standing Committee also decided to discuss a series of issues, such as the first five year plan, annual plan and budget, the Yellow River comprehensive treatment program, to promote the democratic and scientific decision making. Can say, these a few years is China's construction of democracy and legal system and the National People's Congress better work period, the national political, economic and social life is normal, the cause of socialist development. It is shown that, the implementation of the constitution is effective.

However, from the second half of 1957 the anti rightist struggle, the leaders and the focus changed, then places undue emphasis on class struggle and carrying out mass movement, "rule of man" thought up, less attention to the Constitution and the law, and sometimes even the Constitution and to ignore the law. For example, the five meeting of the 10th National People's Congress on 1958, approved on the 1958 national economic plan, the index of steel output was 6248000 tons, up 17% over the previous year. But soon after, Mao Zedong had to talk, the steel output index for 1958 of 10700000 tons, which is more than last year doubled, and put it into the enlarged meeting of the Political Bureau of the Beidaihe gazette. This led to a steel mass movement and the "great leap forward", causing great confusion and loss of national economy. In another example, the people's commune nationwide the movement, to change the constitution of rural grass-roots political power system and other issues, but not by the National People's Congress for discussion and decision, the party made the decision on the implementation of. After that, the party's political life is not normal, What I say goes., individual decisions on major issues, democratic centralism is destroyed, and the cult of the individual, placing individuals above the organization phenomenon of patriarch class of growing. This kind of situation, serious harm to the democracy within the party, but also to the National Democratic produced a very bad influence. After 1958, the people's congresses meeting cannot be held on a regular basis, legislative work basically come to a halt, supervision is a mere formality, China's socialist democracy and legal system construction is immersed in trough, the constitution was empty.

Democracy and legal system suffered serious damage, is the "Cultural Revolution" because of the "Cultural Revolution", is also a fruit. The "Cultural Revolution" started, stopped at all levels of people's Congress and the Standing Committee of National People's Congress activities. In June 12, 1966, Kang Sheng in a report on request the convening of the two session of the three people's Congress on the instructions: "and democratic personages, the indefinite time, concentrate on the cultural revolution". He was held in July 7th three session of the thirty-third meeting of the NPC Standing Committee said: "in the revolutionary movement, less open a meeting or delayed a meeting, can be, allowed. Delay hold for our socialist democracy whether have damage? No. On the contrary, because of cultural revolution is a national large Ming, large, big debate became the poster, such comprehensive big democratic movement, but also can be said to be unprecedented socialist democracy movement, it is of great significance to the socialist democracy." The meeting has not been discussed, through the extension of the convening of the two session of the three National People's Congress decision. Stop the National People's Congress and its Standing Committee activities, for 8 years. Local people's congresses at various levels are inactive time is longer, the people's committee were destroyed, replaced by a set of party, government and in the army, judicial, procuratorial power in a "Revolutionary Committee". The deformity of the evolution of constitution of 1954 can be established political system, causing severe economic stagnation, tyranny and chaos, with people suffer, unrest more than. In this "defy laws human and divine" era, the basic constitutional rights of citizens lost security, not only ordinary citizens, even the National People's Congress including their elected president, chairman and vice chairman, are any criticism, insults, or in prison, and some were persecuted to death. President Liu Shaoji is in jiudou, took out the "people's Republic of China Constitution", speak with justice to protest and said: "I was chairman of the people's Republic of China, how do you treat me, this be of no great importance, but I want to defend the dignity of the president. Who dismissed my president? To judge, but also through the people's congress. You do this, our country is in the insult. I personally is a citizen, why don't you let me talk? The Constitution guarantees every citizen's right of the person shall not be violated. The man is to be punished by law." However, the constitution has no effect. Damage in the "Cultural Revolution" and even Comrade Shao Qi a? This is the tragedy of history, national disaster.

Why the constitution of 1954 3 years after being abandoned? The reasons are complex. From the analysis of constitution, constitutional point of view, there are at least three reasons. First, the formulation of the constitution, Mao Zedong has said, it is a constitution for the transition period, about 15 years can be tube (because it was expected to transition to socialism in about 15 years time). Early in 1956, basically completed the task of socialist transformation, it has a constitution has been out of the erroneous understanding, so that some people think then the implementation of the constitution is not necessary. This not only shows the 1954 Constitution has its own historical limitations and shortcomings, but that our understanding of the importance of constitution have many shortcomings, not aware of the constitution is the foundation of the socialist legal system, is the people's rights and the people's democratic regime legitimate source, governance countries must not be left to a socialist constitution. Second, we are under the leadership of the Communist Party in socialist countries. The constitution is the party leads the people to develop, it must also be carried out under the leadership of the party, and the party itself must be the activities within the limits of the constitution. This is the key to the implementation of the constitution. But at the time, some leaders of the lack of such an idea. In 1958, Mao Zedong said at a conference, the laws of this things not too, but we have our this set. Civil law, criminal law so many who remember. The constitution is me to make, I also remember. We basically do not rely on those to keep order. The relationship between the ruling party and the constitution has not been properly solved. So in real life, the party and the party organization is often not in accordance with the constitution, constitutional rules, the result can only make the nominal constitution. Third, the 1954 Constitution itself to safeguard the dignity of the constitution, safeguard and supervision of the constitution, not given due attention, the lack of effective regulation. The constitution stipulated by national people although implementation, supervision of the constitution, but because there is no mechanism and the special program, which regulates the formation of dummy. In the face of unconstitutional behavior was emerging, the National People's Congress did not express any different opinions, but did not take any measures, which can not be said to be a serious dereliction of duty of the National People's congress. Later, the Dalian existence itself could not maintain, also talk about what the constitution supervision. The fate of the Constitution in 1954, left us a lot of inspiration and lessons, is worth reference.

    The 54 constitution Heritage

   Although "the drafting of the 54 constitution" to create a "layman leadership" this is quite China characteristics of the legislative drafting pattern, but in the openness and democracy of legislation, is considered by the scholars of today's legislation is to follow. "The 54 constitution" drafting group with Mao Zedong as the group leader, members include Chen Boda, Hu Qiaomu and Tian Jiaying. From the head to the members do not have a legal background, to mention some of the constitutional government. According to the draft "citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration and faith freedom of religion" this clause, Mao Zedong made two vertical lines in the "parade, demonstration" side, hit a question mark, and criticizing "don't write as well". The "freedom of movement" in the draft, Mao also clearly expressed their opposition. But "the drafting team leader" of these observations has not been adopted, marches, demonstrations and the freedom of migration are written into the "official text of constitution in 54".

In June 16, 1954, the publication of the draft constitution, a national discussion immediately launched. Allegedly in less than three months time, the legislature has collected all kinds of suggestions, advice 1180420. This record is difficult to "unprecedented", but "absolutely unprecedented". Constitutional scholars to indulge in elaborating on these allusions, and the legislative democracy as China constitution history pride, is a valuable heritage of the most memorable and cherished.

"The 54 constitution" the most memorable or president Liu Shaoji holding the "constitution" to protect individual rights tragic moment. In August 5, 1967, has been called the "Chinese largest capitalist roader" Liu Shaoji has once again been tyrannised, Liu took the "constitution" to the red guards Yanci protest and said: "I was chairman of the people's Republic of China, how do you treat me this be of no great importance, but I want to defend the president's dignity. Who dismissed my president? To judge by the people's Congress should also. You did it in an insult to our country. I personally is a citizen, why don't you let me talk? The Constitution guarantees every citizen's right of the person shall not be violated. The man is subject to legal sanctions."

But no one ignored the comments, "sanctions" law is not imposed on the people. It is finally understand the "constitutional rights" of Liu Shaoji, in three years and two months after being illegally "sanctions". His death card is written, "the name: Liu Weihuang; Occupation: unemployed; cause of death: death", even the name rights are endless deprivation.

In January 17, 1975, "the 54 constitution" completed its historical mission in the meaning of the text finally. The new "Cultural Revolution" of the constitution formally on the stage, "Da Ming, large posters, debate," the constitution "the masses of the people to create new forms of socialist revolution", and "basic rights and duties of citizens" are only three terms. It should also be Chinese constitution history one of most of the world. Three years after the "78" constitution "although declared the end of the Great Cultural Revolution", but also affirmed the "Cultural Revolution" results, and to determine the form of the constitution of "task" in the new period is "to continue the revolution under the dictatorship of the proletariat". After only four years, known as the "constitutional reform" of the "82" of the constitution promulgated.

In fact, the constitution should be the most is the guide of the government and the ruling party. In "the people to this country officials as teachers" traditional ingrained, leaders and government attitude to the constitution has decided the fate of the Constitution in the very great degree. Acknowledged the constitution should be the "limits the power (force) method", is "the law", but also "the fundamental law". The constitution has the authority and dignity of the legal effect of the highest and allow all doubt, the effective implementation of the constitution dignity from the scientific design and the constitution, not to restrict the power of the Constitution can only be a "idle method". The constitutionalism in the late Qing Dynasty has for a century, China not as "idle" constitution, lack, it is as a constitutional basis "action in the constitution".