The China of Chiang K'ai-Shek: A Political Study — John Shaqi
The China of Chiang K'ai-Shek: A Political StudyLinebarger, Paul Myron Anthony
History
The China of Chiang K'ai-Shek: A Political Study
Linebarger, Paul Myron Anthony
Chiang, Kai-shek, 1887-1975; China -- Politics and government -- 1912-1949
In 1931, after three years' operation under an Organic Law, the National
Government adopted the _Yüeh Fa_ (Provisional Constitution),[2] designed
to cover the period between the first stage of the revolution, _military
conquest_, and the final one of _constitutional government_. This
intermediate period was formally labelled the stage of _political
tutelage_, although in fact the military unification of the country
continued. The Provisional Constitution, designed for five years' use,
has continued in force to the present (March 1941). It possesses the
merit of attempting to make actual practice and constitutional form
correspond. Grandiloquent, unenforceable provisions concerning elections
are omitted, and full exercise of the powers of sovereignty are frankly
entrusted to the tutelary Party, the Kuomintang. Such a constitution,
formally making the Kuomintang different from and higher than any other
party in China--and, for all that, in the world, since the Fascist,
National Socialist, and Communist parties are not formally the
constitutional superiors of their respective governments--and giving the
Party unrestricted authority, has provided China with government
realistic if not libertarian.
[Footnote 2: The text of the _Yüeh Fa_ is to be found in _The China
Year Book, 1932_, Shanghai, 1932, and in Lum, work cited, p. 161
_ff._, and Wu Chih-fang, work cited, p. 410 _ff._ The Chinese texts
of all outstanding Chinese constitutions, from the Imperial programs
down to the Double Five Draft of the _Hsien Fa_ are to be found in
Wang Shih-chieh, _Pi-chiao Hsien-fa_, Shanghai, 1937, p. 699-796.]
The constitutional basis of the present Party-dictatorship in China is
well summarized by the distinguished constitutional commentator, Dr.
Wang Shih-chieh:
According to Sun Chung-shan's[3] _Chien-kuo Ta-kang_
[Outlines of National Reconstruction], China should pass
through a period of political tutelage under the Chinese
Kuomintang,[4] before the stage of constitutional government
be reached. The National Government is merely an
organization through which a true republic may be formed.
Hence, in order to demonstrate the structure of the National
Government clearly, we must first understand the meaning of
_tang chih_ [party government].
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account