| Summary: | 博士 === 中國文化大學 === 中山學術研究所 === 94 === 【Abstract】
This study tries to understand and reconstruct the political theory of Chinese Constitutionalism, and further explains the reason why ‘Parliamentarism’ is hardly established. Because the thought of democratic constitution was formed in late Chin Dynasty, the political system proposed by elites in late Chin Dynasty became the starting point of this paper. This study was divided into seven chapters, whose topics follow the historical proceedings.
The first chapter, ‘Introduction’, tries to generally introduce the background, meaning, research question of this paper. It stresses the importance to adopt a Chinese culture-based approach, and describes the research methodology and analytical structure.
The second chapter, titled ‘Conceptual clarification for Yi-Yuan and Kuo-Huei’ (parliament), tries to analyze the meanings of ‘Yi-Yuan’ and ‘Kuo-Huei’ by linguistic analytical approach. It is obviously too oversimplied to consider Yi-Yuan as the same as Kuo-Huei in previous literature. Basically, there will be no big mistake to consider the above two terms as legislative organs. However, the original meaning of Yi-Yuan should be a government organ for discussion, rather than a legislative one. Therefore, the meanings of the two terms should be different.
The third chapter is ‘Establishing a Yi-Yuan or Kuo-Huei’s perspective of constitutionalism’. This chapter shows that the original meaning of ‘constitutional government’ or ‘constitutionalism’ is the basic system of how to assemble a meeting. Therefore, this chapter further points out that our Constitution does not include the intents of ‘limited government’, ‘checks and balances’ and ‘rule of law’.
The fourth chapter focuses on the topic of ‘The construction and practice of transitional Constitutional Government’. The research purpose of this chapter is to analyze the reasons that caused the legislative system failed. Besides, this study adopts a political historical approach to explain that the parliamentarism was to check and balance the power of a president. In the mean time, this paper will elaborate what role and function that the Kuo-Huei is expected to play, for whom it is responsible.
The fifth chapter is ‘Dr. Sun Yat-Sen’s Political Tutelage and Constitutional Planning’. This chapter emphasizes the core concept of Dr. Sun’s ‘people’s right’ which lies in people’s contribution to our country. Further, this chapter will explain how Dr. Sun understands constitution, and reconstruct the theory of ‘Division between Political Right and Governmental Power’ and ‘Five- Powers Constitution’.
The sixth chapter is ‘Limitation and constrain of our constitutional choices’. By adopting historical neo-institutionalism, the study tries to discuss the original intent of our constitutional choice. It further explains that the historical event and political culture have a lock-in effect which determines the constitutional choice and institutional change. This chapter will trace the development of the constitutions, explore the content of our constitutionalism and describe the political theory of the constitution. Due to the previous choice, it is difficult for us to choose ‘parliamentarism’ again.
The seventh chapter is conclusion. This paper proposes different points of view about parliamentarism, executive-legislative relationship, and the role of a president. Besides, this paper also discusses why it is hard to establish parliamentarism in China by reference to the western democratic and constitutional experiences.
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