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An Analysis of the Failure of the Constitutional Movement in China in the 20th Century

However, in the past hundred years, China's constitutionalism has been frequently and arbitrarily revised and abolished, reflecting that constitutionalism has been distorted to a considerable extent, and the influence of various political factors cannot be ignored.

First, law and politics are closely combined, and the idea of power standard is deeply rooted. The aim of constitutionalism of modern rulers in China is to maintain autocracy and personal dictatorship. The guiding principle of the Qing government in formulating the constitution is "power is unified in the imperial court and public opinion is open" [1]. The monarch under the constitution has not changed from the previous monarch. The rights of subjects are endowed by the monarch without any guarantee, and all kinds of obligations are put on the coat of law. "Constitutional monarchy" fashionable packaging decadent monarchy. The Kuomintang led by Chiang Kai-shek was interpreted by the CPC Central Committee and actually became a naked personal dictatorship. After the founding of our country, the concept of law serving politics has not changed. According to Marxist theory, law is the tool of class rule, and politics is the relationship formed by various classes around state power. Law is born a political vassal of the ruling class. As a "law in law", the Constitution is more about the recognition of some established principles, and it has become a national political declaration and a tool to safeguard the legitimacy of governance. China's 1978 Constitution still puts the chapter on state institutions between the chapters on confirming citizens' status and rights, which embodies the characteristics of power-based in form and content. From the characteristics of power standard, it emphasizes the coordination between state powers and ignores the checks and balances. Socialist constitutional theory is full of confidence in the ruler's own sovereignty, so it rejects the idea of institutionalization. Moreover, socialist constitutionalism assumes that the subject of power and the subject of rights are completely unified, and there is no need to restrict power with rights at all. Moreover, the subject of power is aware that power is used to serve the people, so the morality of power itself is beyond doubt. However, from the constitutional government itself, it contains vigilance and vigilance against the dark side of human nature. Constitutionalism "opposes politics based on virtue, agrees with a loose, less fully participatory and more procedural framework, and encourages discussion" [2]. Too much emphasis on the coordination between powers and only on the division of powers still cannot prevent government departments and their officials from coping with the same pressure, that is, concentrating power and acting in concert. "The essence of decentralization is to limit power and not allow any power to gain legal status without legal confirmation." [3] In China's practice, the principle of decentralization has been replaced by various theories of centralization and division of labor, and rights are even less likely to restrict power. On the premise that law is a political vassal, the proper tension between democracy and constitutionalism tends to disappear, and the painful experience brought by the stormy participatory "great democracy" during the Cultural Revolution is still fresh in people's memory.