The Provisional Constitution of China was the first bourgeois republican constitutional document in Chinese history, which was formulated after the Xinhai Revolution to establish and protect a new state system and citizens' rights. Its main contents include but are not limited to the following aspects:
1.State nature and political system: It is clearly stipulated that China is a unified democratic republic and adopts a responsible cabinet systemThat is, the executive power of the state is the responsibility of the Cabinet, and the Prime Minister must have the trust of the National Assembly.
2.Sovereignty attribution: The sovereignty of China belongs to all the people, and the principle of people's sovereignty is established.
3.* Organizational structure: It is stipulated that the people** is the highest administrative organ, which is constructed by the principle of separation of powers among the executive, legislature and judiciary, including the Executive Yuan, the Senate and the courts.
4.Civil rights: Citizens are guaranteed the enjoyment of basic human rights and freedoms, such as personal freedom, residence and movement, speech and publication, assembly and association, and the right to vote and stand for election.
5.Senate powers: Gives the Senate broad legislative powers, and:There is a certain role of supervision and checks and balances on the executive power.
6.Independence of the courts: Emphasizing judicial independence and guaranteeing that judicial power is not interfered with by the executive power.
7.Local system: Although not elaborated, the principle of local autonomy is recognized in principle, allowing a certain degree of autonomy by local governments.
This provisional law came into effect on March 11, 1912, and its formulation and promulgation played a key role in overthrowing the feudal imperial system and establishing the political order in the early stage, laying the initial foundation for the development of China's democratic politics.
However,"Provisional Constitution of China".A lot of things that weren't meant to be like this, just thatSun Yat-sen resigned from the temporary post of **, and the revolutionary regime fellAfter the warlord Yuan Shikai was in the handsIn order to prevent Yuan Shikai from abusing power by legal means, the provisional SenateUrgently revised and formulated.
The main features of the Provisional Covenant are:Yuan Shikai was restricted and prevented. The main manifestations are:
One,Changed the ** system to the responsible cabinet systemto limit Yuan Shikai's political power.
Second, expand the powers of the Senate. The Provisional Statute stipulates that, in addition to the legislative power, the Senate also has the power to consent to major decisionsThe right to ** and vice **. When the Provisional General Assembly reconsiders the matters decided by the Senate, if there are senators who still adhere to the original proposalThe big ** must be promulgated and implemented
Third, it stipulates special amendment procedures. The "Provisional Covenant" stipulates that additions, deletions, and amendments to the Statute shall be made at the proposal of more than two-thirds of the members of the Senate or the provisional general assembly, and shall be attended by more than four-fifths of the senators and approved by more than three-fourths of the members presentIn order to prevent Yuan Shikai from modifying it without authorizationChange of Covenant.
As the first constitutional document of the nature of a bourgeois republic in modern times, the Provisional Constitution affirmed the achievements of the Xinhai Revolution and established the image of "democracy" and "republican" in front of the people of the whole country. The aspirations and will of the bourgeoisie reflected in it were in line with the trend of the development of Chinese society under the conditions of the time, and to a certain extent, they also reflected the democratic demands of the masses of the people.
However, the "Provisional Statute" has the limitation of individualized legislation, and reflects the constitutional idealism and practical weakness of the bourgeois revolutionaries.