2008•Journal of Sichuan University of Science & EngineeringRequires access

Historical Review and Constitutional Reflection of the May Fifth Constitution Draft

Xinsheng Wang

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Abstract

The May Fifth Constitution Draft was established when Chinese cultural liberalism was fighting against conservatism and the country was in internal revolt and foreign invasion in 1930s. Although the draft did not go out of the mode in which the constitution is a tool of politics, it inspires today!s constitutional building of China. Its content and the process of the establishment reflect conflict and balance between Chinese legal culture and western legal culture. The framers made great efforts to seek the integration between native resources and western constitutional culture. During the process of the establishment, the authorities gave more freedom to social consensus, which formed better communication and interaction between the government and the people. The framers attached great importance to the practice of the Constitution Draft with fully considering the political ecosystem of the country.

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The May Fifth Constitution Draft was established when Chinese cultural liberalism was fighting against conservatism and the country was in internal revolt and foreign invasion in 1930s. Although the draft did not go out of the mode in which the constitution is a tool of politics, it inspires today!s constitutional building of China. Its content and the process of the establishment reflect conflict and balance between Chinese legal culture and western legal culture. The framers made great efforts to seek the integration between native resources and western constitutional culture. During the process of the establishment, the authorities gave more freedom to social consensus, which formed better communication and interaction between the government and the people. The framers attached great importance to the practice of the Constitution Draft with fully considering the political ecosystem of the country.

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Available abstract

The May Fifth Constitution Draft was established when Chinese cultural liberalism was fighting against conservatism and the country was in internal revolt and foreign invasion in 1930s. Although the draft did not go out of the mode in which the constitution is a tool of politics, it inspires today!s constitutional building of China. Its content and the process of the establishment reflect conflict and balance between Chinese legal culture and western legal culture. The framers made great efforts to seek the integration between native resources and western constitutional culture. During the process of the establishment, the authorities gave more freedom to social consensus, which formed better communication and interaction between the government and the people. The framers attached great importance to the practice of the Constitution Draft with fully considering the political ecosystem of the country.

Key concepts: Constitution, China, Politics, Law, Political science, Government (linguistics), Sociology, Linguistics

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