Jing Tay- Yan's Version On Constitution
Resource
政治科學論叢, 3, 001-034
Journal
政治科學論叢
Journal Issue
3
Pages
001-034
Date Issued
1991-12
Date
1991-12
Author(s)
Miao, C.C.
Abstract
Although Jing Tay-Yan is not a great renowned statesman, according to his strong sinological basis, for the existence and development of his country, he does not only participate the revolution, and also publishes several books and articles on politics with his comprehensive literate background. Thus is just what an enthusiastic intellectual can dedicate himself to his motherland. In views of constitution, he stands oppose to the representativism from the very beginning. Being bitterly hating Ching-dynanty monarchy, dictators and country- land being divided by warlords, he consistently proposes his criticism, and finally presents his constitutionalism on joint-provinces in local system with which parallels the administrative committees and separation of five powers in central system. Although his constitution version may not fairly satisfy the orthodox constitutionalists, his framework on constitution is still very magnificent, and seems sufficiently reflecting the constitutional version of his time. Especially, he stresses that should setting the power of schools to be one of the central separated powers. According to his constitutional design on central structure, he insists the examination power should being annexted to the administrative system. This point is deeply compatible with the theories and practice of modern public administration; furthermore even much more compatible with Chinese tradition and the trend of modern personnel administration than that Dr. Sun Yatsen has been advocated. Although some of his essays on constitution and representative are relatively against the democratic essence, most of his criticisms are very often being seen in modern democratic countries. So that his constitutional version is undoubtedly still a very valuable reference for the improvement of constitutional democracy of China.
SDGs
Type
journal article