1、 The Constitution of China: A Historical Overview Qianfan Zhang Peking University Historical Review Constitutional Tradition in West Ancient Chinese Constitutional Tradition Establishing New Constitutionalism Preparatory Period (1895-1911) Trial Period (1912-1926) Nationalist Period (1927-1948) Cont
2、emporary Period (1949-Present) Constitutions in 1954, 1975, and 1978 1982 Constitution and Four Amendments Ancient Chinese Tradition Prevailing view: State ruled by emperor and aided by administrative bureaucracy, society ruled by virtue not law. Contrary view: Confucian virtues were not decided acc
3、ording to personal whim, but laid down as rules of propriety （礼记） . Li is “higher law” between natural law and human law, ossified and outdated. Ancient Character of Li Searching for New Constitutionalism Challenge and Response: China struck by Opium Wars（鸦片战争） in 1840s and 1860s; western commercial
4、 and military invasions. Small minority of Chinese thinkers and officials realized crux of problem: lack of modern constitution. Myopic pragmatism: prosperity and military strength first, constitutionalism secondary. Compare Japan: Meiji Reformation in 1860s, establishment of legal system, Meiji Con
5、stitution in 1889. Japanese wars helped China realized importance of constitutionalism: War at Year Jiawu (甲午战争， 1895) and Russian Japanese conflict over Korea (1904-05). 1894 Year of Jiawu Sino-Japanese War Preparatory Stage (1895-1911) Qing (清） dynasty grappled with institutional restructuring thr
6、ough limited reforms. Emperor Guangxu （光绪） promulgated New Policy program, lasted for over 100 days, proposed to reform education, streamline bureaucratic system, modernize army, establish press freedom, eliminates special treatment for Manchuria race. Strong oppositions from status quo （满族） . Guang
7、xu and Dowager Imperial Constitutions 1908 Outline of Imperial Constitution (23 articles) imitated Meiji Constitution in highlighting power of Emperor and perpetuity of Qing dynasty; 9 articles on rights and obligations of subjects. Doctrine of Nineteen Articles（十九信条） : first constitution, outline f
8、or constitutional monarchy, limit Emperor to nominal powers, transfer substantive power to Senate, which is to make Constitution; PM elected by Congress and appointed by Emperor; offices and positions determined by laws; code about imperial house may not contradict Constitution. Delay in reform led to 1911 Revolution （辛亥革命） . Sun Yatsen & Yuan Shikai
