DOC《中共重庆市委党校》

宪政思想;

历史轨迹;

局限性;

价值 ABSTRACT Zhang Junmai have a deep knowledge on both China and the West and he also have a rich experience.He have ever go abroad to study both the constitutional system for many times, but also participated political activities in the Qing Dynasty, the Northern warlords, the Kuomintang periods.During his life, he spent all his energy on the development of constitutionalism in China, and drafted of the

1946 Republic of China Constitution, (that is, Draft Constitution of the CPPCC ). Due to publish of a large number of Constitutional work and the translation of the Constitution of the Soviet Union and Weimar Constitution and other foreign constitution, he was known as the Republic'

s father of the constitutional. This thesis of Zhang Junmai'

s Constitutional thought lies primarily in combing the history of ideas of his constitutional trajectory ,summarizing the main content and basic characteristics.Then, the thesis will make a right positive evaluation of him and his constitutional thought, tap the contemporary value of his thought, explain the limitationsof his thought. From what we has talked above, it can help us to have a more accurate, clear and comprehensive understanding of his constitutional thought. Zhang Junmai'

s constitutional thought ,from the early monarchy to the late Democratic Republic and the middle line, is in line with the balance of power in modern Chinese politics, China'

s political, Zhang Junmai'

s own knowledge of changes in the structure change is Zhang Junmai'

s constitutional thought change element , while the change element behind the constant elements is Zhang Junmai'

s diligently pursuing of early constitutional blooming in China.Attention of the protection of human rights and democracy and freedom describes his right awareness and understanding on the basic spirit of the constitutional;

rivised compromise democracy and respected co-operation show the imprint of the Confucian doctrine from constitutional thought;

The pursuit of the ultimate value of national rejuvenation reflects the China'

s lofty ideals of the powerful burning sensation in semi-feudal society . According to the view of Constitutional norms, the Constitution provides provisions to protect basic civil rights and systems to realizebasic civil rights. Meanwhile, the effect of this protection in the constitutional practice is good.From the normative perspective of constitutional law, we can not easily ignore Zhang Junmai'

s constitutional thought but to treat seriously. Its main value and brilliant performance is reflected in the

1946 primary, Constitution of the Republic to protect civil rights and, in Taiwan implemented.This thesis hold that considering Zhang Junmai as a loser only from the ideological point of view on the constitutional road is not correct. Zhang Junmai did not have accurate understanding on the relations between constitutional and political power, the economic foundation of constitutional government, the progress of constitutional government through the study on the constitutional history of the Western countries .Different from the previous study of Zhang Junmai'

s Constitutional thought which are more concentrated on the normative research and action Zhang Junmai constitutional limitations . In this paper to explain the positive significance of Zhang Junmai'

s Constitutional Thought as an important task.Zhang Junmai'

s Constitutional thought of contemporary inspiration are the central relationship between the law and to equalization, the importance of local self-government, the election system optimization, the improvement of parliamentary rules of procedure, the Parliament is the cradle of politicians, judicial independence and judicial significance of a unifiedtake seriously the constitutional amendment and constitutional explanations. Key words: Zhang Junmai;