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V on re-constitution
Although the Qing Dynasty's \The. 1923 and 1946 the two particular praise by the legal circles. However, the constitutional process of the constitution in 1923 due to (pigs Members) bribery incident has greatly weakened its legitimacy, the most noteworthy is the 25 December 1946 (January 1, 1947 issued) the development of the Republic of China Constitution of the. Taiwan's experience has shown that the Constitution of 1946, with considerable force, is also a new constitution for Taiwan rather than the temporary provisions of the Constitution itself. Republic of China in 1954 and 1982 is very close to each other two Constitutions,[link widoczny dla zalogowanych], which the Republic of China in 1923 and 1946 two very different Constitution. Although the before and after 1949, a big difference between the Constitution, but even the Constitution of the People's Republic of the above two, is still available in literally could push China a democratic system: step by step from a regional to a nationwide liter four People's Congress to exercise the sovereignty of the people, but also literally a series of provisions protecting civil rights. Why these two in practice the constitution which failed to show the slightest? Is our main topics to be discussed below.
Legitimacy question is China's political future can not circumvent the basic problem, but also solve the deadlock of this historic cross-strait relations, reconstruction of modern China's constitutional system, the key to complete the task of democratic nation-building. He who was to a large system of constitutional tradition, the results of the study is the judge of the communist revolution. The real constitutional modern Chinese legal system, the Republic of China's legal system; People do not have the qualified status of the constitutional legal system. Inherited constitutional legitimacy of the Republic of China government, if the task of removing its own history, the Beijing regime is bound to the banner of nationalism to unify China for the call of the State House exist, the safety of Taiwan's diplomatic and military threats. State government to give up a high profile in mainland China's jurisdiction, it is true is the goodwill and political realism of the performance; but must be other places on the Beijing regime to give up jurisdiction over Taiwan as a precondition. If Beijing does not equal good returns, the ROC government should also withdraw a waiver of the jurisdiction of the Chinese mainland. In this way can really protect the security of the Taiwan Strait, safeguard the fundamental well-being of Taiwan compatriots. Although Taiwan is only a border of the island, but the Chinese compatriots at home and abroad, the Republic of China must not underestimate the moral force of constitutional legitimacy. China has a saying, \set an example for standard road, leaving the vital lifeline of blood! This is the greatest modern Chinese political legacy, but also the safety line of the Taiwan compatriots. Xing Ju Xing a, a death Ju Wang, we must not be underestimated.
First of all, the source of the legal system from the two 1911 and 1949 communist revolution, whichever has the legitimacy, the legitimacy (legitemacy) comparison. Revolution is essentially based on the value of the main stream of the modern value system consistent with (nationalism, democracy and people's livelihood, it is basically the American value system of war and a replica of the French Revolution, of course, was popular with some of the color of social democracy ), largely equivalent to many European countries, pursued by the contemporary social democracy. The Communist revolution of 1949 the value of (public, collective, class dictatorship, planned economy) is dying of the value system, has been rejected by the 20th century. Secondly, from the Chinese rule in 1949 after the tragic history (the town of trans, anti-rightist, three years famine, the Cultural Revolution, Tiananmen massacre as a result of the unnatural deaths of ...... eight thousand million) resulted in denial of their power to rule of law. Third, Taiwan's \ Fourth, Deng Xiaoping-style \The so-called \ Fifth, is the largest defeat of communism on the Global Cold War, the communist regime of negative outcomes. Sixth, a review by the post-war history after 1949, the three Chinese societies (mainland China, Hong Kong and Taiwan) of the partition type of institutional competition, lead to clear direction denial of the mainland regime.
1949 years ago
1. On the Constitution of the PRC
As seen, since the late Qing Dynasty, China has too many constitution. However, the Chinese mainland itself has yet to constitutional government. So-called constitutional government, refers to all acts of government power is to be granted for the range, roughly speaking, refers to the government's power is limited, is limited by public opinion. The fundamental point is that the government has a higher power above the law, subject to the powers of government, limited government down in the rule of law, will constitute a constitutional government. Therefore, the constitutional system, the main object is not bound by normal people, but the power of state or government and other institutions. So-called constitution, the law is this law (written or unwritten, whether it is), than any other individuals and institutions, all state power stems from the Constitution and constitutionally exercised. Not violate the Constitution, all legal purposes, principles and content.
China's Constitution and constitutional

of: Chen Kuide
i List of modern China's major constitutional

constitutional legitimacy? If so, what is it? Reattachment Where? This is a need to call upon the fundamental problems in modern Chinese history. The face of contemporary political reality, it is undeniable that there are two competing modern China's legal system: namely, the Republic of China (ROC) legitimacy, and the People's Republic (PRC) law system. If the legitimacy of the two legal system (legitemacy) comparison, we can discuss several different angles the problem of legitimacy.
Date from the late Qing Dynasty, China has had a lot of constitution, but has not been on China's political orbit. From a constitutional perspective, the basic reason is that it? For ease of discussion, we first set out below the main modern China and its constitutional amending the Constitution of the time, and then examine the problem lies.
Addressed the legal status of the ROC Constitution, the first CPPCC in 1946 on the need to examine the constitutional basis of the factions. We all know, was a time when Sino-Japanese War after the victory of China's national reconstruction. In other democratic countries under the coordination of various parties in China for fear that bear on the history of infamy, are unwilling people, the participation in the formulation of the Constitution. That is, Constituent great broad based, national, and democratic parties were individualists who are involved in organizations such as Independent Political Consultative Conference (8 KMT, CPC 7, 5 Youth Party, Democratic League 2, the National Socialist Party 2, and other community leaders, a total of 38 people), agreed to the constitutional principle of the CPPCC, and generally agreed on the draft constitution amendment in the constitutional process. Parties, factions, all sectors of the draft constitution set up a consultation group, the country of the other salty and constitutional political faction, join the festivities. Main author is neither the KMT nor the Communist Party's leading constitutional experts, Mr. Zhang Junmai. The draft constitution amendment quit the Chinese Communist Party even before the National Assembly the basic statute. Therefore, the broad-based constitutional constitutional, representative strong. Second, we should also be content from the text of the ROC Constitution to examine the constitutional color. Examine the constitutional text for 46 years, and with comparison with the constitutions of other democratic countries, we can see, it is the Sun Yat-sen's five rights (except the legislative, judicial, administrative three powers, with the monitoring and examination of two right) thought and modern democratic state constitution of parliamentary democracy as a melting furnace. In the text, both for its design of the separation of state power, balance and restrict the clear limits on government power, and the protection of basic civil rights and other democratic countries, no real difference. Read the text of the Constitution, this point is clear, it is not superfluous proposal. Third, I am afraid that we give the side more likely to permit exclusion from the side was the legitimacy of the ROC Constitution. As is well known from 1950-60's edited by a Mr. Lei Zhen, \rule, been of epic resistance. But even against the government, the dissidents and opposition publications, also known as the ROC Constitution as a \No. 10 p. 306). This strongly indicates that the constitutional power of the social parties and groups recognized by the highest specification. Finally, we need to stand the test of history from its results to examine the constitution. World recognized the Republic of China on Taiwan has now embarked on a constitutional democracy. Taiwan in 1986 after the start of the democratization process, it is in addition to the Constitution abolished the \Constitution of the Republic of China-based. This clearly shows that the ROC Constitution in practice and has been leading the country on the path to constitutional democracy. This is a historical conclusion.
Iv constitutional legal system of modern China
1. Qing \March 11, 1912) 3. Yuan led \. \; 6. \referred to as the \ 1949 years after the
2. On the Constitution of the Republic
8. \9. \\\. \ Why China has the constitutional ii no constitutional?
Course, the constitutional text itself is not each have no problem. For example, the first constitution in Chinese history - the late Qing \Was the empress of the Qing Dynasty represented the general trend of the authorities compelled the international and domestic, have to consider the constitutional issue. In 1904, Zhang Jian and Zhang Zhao Fengchang aides printed a translation of the Meiji Constitution of Japan to the Empress, the Empress is said to agree. June 4, 1905, the eve of the Japanese victory over Russia, Yuan Shikai, Governor Zhou Fu Jiang Zhang, and two joint memorial, the constitutional requirements. After six weeks, the court in 1905 Edict sent four senior government official \September 2, 1905, the Qing Dynasty Imperial Examination abolished. December 11, 1905, five political minister visits, with more than 80 suite of going abroad for six months were investigated. After returning home, they have met many times by the Empress, five agreed to propose the constitutional government of China. 1906 年 9 1st, Empress released \In the issue of constitutional government, some advisers warned the Empress, only the British or German or Japanese model of government, to protect the royal prerogative. In the \realistic, can not follow suit. Because it is built on the traditional top, there is no written constitution; but in fact more important reason is the British system, there are strict limits on monarchical power, sub-imperial appetite. Although there have been judgments in Germany Prussian constitution, but only in the Imperial Parliament passed after the immediate effect, the Qing court that it was imposed on the emperor's lack of respect for the emperor's supreme power. Only the Japanese constitution, already set compiled Code, and no way infringe upon the Royal prerogative; advance from both the public review comments, the Emperor announced to the National Constitution Shihai like a gift. In fact, when Japan's political system was later known as the \grafting. Therefore, the Empress decided to adopt the Japanese constitution, the emperor retained full privileges. On this basis they take the constitutional system of government, implementation of the \ The August 27, 1908 promulgated the \. \One of the sovereign power of Lian Zhan, demand and the fear of the fear of loss of power, far more than the Japanese Meiji Constitution, even though Japan was already the world's most stringent constitutional monarchy was. Even so, the Qing government also provides up to nine so-called \That is, the Manchu plans to hold national elections in 1916, held in 1917 before Congress. However, history has been reluctant to give the buffer time for the Qing court. 1908 年 11 月 14-15 at almost the same dynasty, with the empress died. China's rapidly becoming polarized political situation. The one hand, the first four years in the preparation of constitutional reform measures taken and to create a social atmosphere has lifted the constitutional appetite. In 1909,[link widoczny dla zalogowanych], the Conference Board meeting held in the provinces, which would have put pressure on the court. 1910 advisory council criticized the authorities. This indicates that the quasi-local and central parliament is ready to share and the exercise of his power was. The other hand, the empress died, the Qing court not only of progressive liberal, but in fear of losing power to accelerate toward conservative and paranoid, the maintenance of the court as a top priority, ignore changes in society people stubbornly insist on the privilege of ruling Manchu. This way, \ Had wanted to change by the Qing court gradually leading constitutional scholar-officials and officials,[link widoczny dla zalogowanych], from completely disappointed, abandoned fantasy, some of the power this alliance with the revolutionaries. 1911, the Xinhai Jun Xing, Qing dynasty collapsed instantly.
The existence of a modern China
Iii uphold the constitution and the constitutional amendment on the
China

Generally speaking, a country clearly has the constitutional path is the delay in the constitutional path, there are two possible reasons, one reason is not good constitutional design; Another reason is a constitutional dead letter, not the politicians of the Constitution seriously. Departments of history, compared with the identification of the Chinese Constitution, after re-reading the text from the Constitution, the history of political practice and point of view, the majority of the Chinese Constitution, the Constitution, not so much the failure of Constitution of poorly designed, but rather that the Constitution when politicians did not matter, is the power to govern the constitution, rather than constitutional command authority.

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Mainland China | Taiwan
This raises the question how to establish the authority of the Constitution, it is to embark on a fundamental constitutional government. However, we have established the authority of the Constitution, can only be established in history started on the base. Thus, the face of the constitutional heritage of modern China, we have only three options: uphold the constitution, constitutional amendment or constitutional. Here to uphold the constitution and constitutional first discuss the issue. In historical experience shows that if the national history has there been no serious conflict with the democratic constitutional constitutional text, to uphold the constitution and the constitutional amendment strategy, the social costs than the constitutional re- much smaller. Since both the existence of constitutional legitimacy, the authority of the Constitution easier to establish some. And a new constitution from scratch, must go through the historical process of accumulation was possible authority. Problem is that in China, more than previous and existing Constitution and what is there, as China's constitutional law and constitutional system of the master copy of the eligible sources? Previously mentioned, the PRC Constitution in 1954 and 1982, very close, so you can practice the latter is still the mainland to compete for candidates; The Republic of China 1923 In comparison with the 1946 Constitution also similar, but the constitutional process of the constitution in 1923 due to (pigs Members) bribery incident damaged the legitimacy, it can be practiced in Taiwan, which is still to be competitive candidates; Thus, we before there is another two major constitutional confrontation and competition: Constitution of the PRC and the ROC Constitution. Therefore, the core question becomes: the Constitution of the two, who has a master copy as the constitutional qualifications? Or whether to take a third way: taking into account the two Constitutions, that the two together as the constitution of the master copy, it is more equitable and workable? Let us first look at the content and nature of two Constitutions.
So people often answer: China's non-fundamental constitutional issues is the crux of the Constitution has never been shelved, as the regime decoration, a plaything in the hands of politicians, does not have real authority. Having good, but the answer is equal to only convert a problem, not solve the problem. Why politicians do not put in the Chinese Constitution seriously, and in other politicians put the constitutional state constitution seriously? The mechanism where? Was afraid of the birth of the first original condition from the Constitution to find. China is not all previous constitutional position of the domestic political power of different long-term confrontation, the relative balance of power, who can not afford to eat who had consultations result of a compromise, but from the overwhelming victory of one faction of force, the Constitution has become the war The results of the recognition, the winning party endorsement of the military. Thus the Constitution can not transcend partisan fairness, on the contrary, the victory party over party interests above the Constitution. The second reason is that the original legal system fault, the loss of civilian authority to maintain social order. For example, the formation of the Qing legal system after the demise of the vacuum, the lack of non-military and traditional authority can borrow to maintain order and can not have the authority to form a stable constitutional tradition. So the Constitution to become a party faction according to its own interests tamper tool of the Constitution so politicians will carry out their hands as a plaything. Its most fundamental reason is that China's political and cultural tradition is the rule of man, the lack of rule of law tradition. Sense of indifference to religion in Chinese culture, \The sanctity of law and supremacy was never into the social and cultural psychology, it has always been one of the tools in the hands of only those in power. Therefore unconstitutional arbitrary rulers, arbitrary interpretation of the Constitution, to amend the constitution at every turn, casual abrogation of the Constitution, the Chinese seem indifferent, but most of the psychology of society since ancient times, this point as both natural and political common practice, shell-shocked, the default yield community on the question of voice and power are very weak.
Although the constitution to protect civil rights and national constitutional provisions or less the same,[link widoczny dla zalogowanych], but the basic premise of its structure can not withstand constitutional review of the concept. First, the Constitution has the highest concentration of absolute power (the text provides a maximum power of the NPC, while in the preface written by the Chinese Communist Party.) The powers are not divided, division, but take the so-called \In fact the absolute monarchy. This conflicts with the constitutional definition. Second, the Communist constitutional theory, emphasizing the Constitution reflects the will of the ruling class, so it certainly can not become a society of fair rules of the game. It is expressly emphasized that the country is based on a class dictatorship, so that the party class, endowed with prerogatives, privileges and civil rights of political parties are mutually contradictory. Third, the constitution is written a certain political party ideology (Marxism-Leninism, Mao Zedong Thought) as the guiding ideology, but by ideology into the constitution, leading to \text of the Constitution which provided for freedom of conscience of citizens to contradict the idea. Therefore, the basic nature of the PRC Constitution in the spirit of the brand with a non-constitutional, as a constitutional amendment is difficult to master copy.
, Of course, we can not underestimate the Republic of China Constitution of 1946, the legality of reconstruction will encounter major obstacles. The first obstacle is of course the Chinese Communists uphold the power of monopolies. Its only understand the language of strength, so long as it still sticks and carrots will help control the majority of people, it is reluctant to lower the banner of communism, unwilling to Constitutionalism. More important obstacle to the mainland most people alive, after 50 years of Communist isolation, the information blockade and unilateral publicity, has not understand the process of constitution-making over half a century ago. The general public has been accustomed to the mainland in 1946 as a one-party constitution, that the private property of the Kuomintang. The decades of mental habits is a difficult moment in addition to. This is a huge psychological barrier. Therefore, when the continent (the Constitution of the Republic of China) uphold the constitution and constitutional opinion, is likely to be interpreted as the KMT as a party of private \ Path of political development is difficult to pre-designed opportunities for various accidental cause aggregation, political trends and often unpredictable changes in the process. In view of this, we must set aside constitutional under the re-selection. In some special political situation, the resistance may be less than the constitution constitution uphold the constitution. Not long ago, a group of Chinese intellectuals made a , in which the constitutional issues, they proposed the establishment of \Conference \The core point is: call the \the Chinese Nationalist Party and other political parties across the Taiwan Strait, experts, scholars and representatives, in the existing Constitution of the PRC and the ROC Constitution, based on the development of an embodied the spirit of freedom and democracy and the safeguarding of national sovereignty the new unified constitution; when the time mature, the Constitution was declared, the implementation of constitutional democracy. \But here in relation to two constitutional premise that much difference, together as Dibon politically and technically feasible? In fact, the Constitution is largely inseparable from the political reality, therefore, the power of the two sides finalized the fluctuation will shape the face of the Constitution,[link widoczny dla zalogowanych], therefore, complex and tortuous political process is not free of fear. When international and domestic, \And this climate, I am afraid will not be biased in favor of the PRC Constitution, the Constitution of the Republic will be biased. Let us make this day would come soon. More articles related to topics：

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