Home Categories political economy Collected Works of Liang Qichao Political Commentary

Chapter 15 Constitutional Convention (June 7, 1901)

Those who have land and people stand on the land are called countries.There are two kinds of countries in the world: one is called the country of the monarch, and the other is called the country of democracy.Establishing systems and issuing orders to govern the land, the people call it politics.There are two types of government in the world: one is government with a constitution (also known as constitutional government), and the other is government without a constitution (also known as autocratic government).Adopting a certain kind of politics to govern the people is called a political system.There are three types of government in the world: one is called absolute monarchy, the other is called constitutional monarchy, and the third is called democratic constitutional government.Today, there are more than a dozen powerful countries in the world. Except for Russia, which was an autocratic monarchy, and the United States and France, which were democratic and constitutional, the rest of the countries are all constitutional monarchies.A constitutional monarchy is the best form of government.In a democratic constitutional government, its governance strategy is too variable. When electing a president, the competition is too fierce, and there is always resistance to the happiness of the country.In an autocratic monarchy, the court regards the people as worthless, but guards against them like thieves; the people fear the court like prison officials, but they envy them like enemies.Therefore, its people are extremely miserable, and its ruler and ministers are also extremely dangerous. Like Russia, although it has the power of tigers and wolves for a while, the country is really infested and cannot live all day long.Therefore, the constitutional monarchy is the best government system.The countries of the earth are both effective and effective, and according to the customs of ancient China and the current situation, they adopt it without any disadvantages. (Three forms of government, formerly translated as monarchy, democracy, and common sovereignty between the monarch and the people. The names do not match, so the current name is changed.)

What is the constitution?Establishing a constitution that is not easy for all generations, and the people of a country, whether they are the monarch, officials, or the people, all abide by it together, and it is the root of all laws and regulations of the country.Since then, no matter what order or law is issued, it will change a lot, and it is not allowed to leave its ancestors.The original Spanish word is THE CONSTITUTION, and the translated meaning is like vitality.The so-called constitution is the vitality of a country. A constitutional regime is also called a regime with limited powers; an autocratic regime is also called a regime with unlimited powers.Limited power says that the king has the power of the king, but the power is limited; the official has the power of the official, but the power is limited; the people have the power of the people, and the power is limited.Therefore, the constitutions of all countries first talk about the power of the monarchy and the rules of succession to the throne, which is the authority of the monarch; secondly, the duties of the government and local politics, and the authority of officials; secondly, the functions of the parliament and the affairs of people's freedom. , the authority of Mingmin also.I, a Chinese scholar, suddenly heard the meaning of the limited power of the monarch, but I was surprised by many colors. The meaning is like saying that the monarch is the one who is the most respected in a country, and the subjects are all subordinates; I heard that the subjects can limit the king?Is it not less than rebellion to restrict the monarch by the subjects?Those who don't know that the power of the monarchy is limited are not limited by the subjects, but by the constitution.And China certainly has this meaning.When a king stands up, he is recommended by the sky; when he collapses, he is called the sky, and he is recommended; is it not limited by the sky?Words must call the ancestors, deeds must follow the ancestors, is it not limited to the ancestors?However, there have been no saints and philosophers in ancient times who did not regard the limited power of the monarch as the most difficult reason; that is, the monarchs of all dynasties, Gou Fei, who were as brutal as Qin Zheng and Sui Yang, certainly did not dare to claim that the power of the monarch is unlimited.But for thousands of years, even though it has its intentions, what is the truth?It is because there is no constitution.The sky is the limit, but the sky does not speak; the ancestors are the limit, and the laws of the ancestors are just following the old rules of the previous generation, and have not adopted the axioms of the world.That's why China's monarchy is not unlimited, and the desire to be limited does not know the way to limit it.Today, there is also a sage who loves the people like a son and works hard to govern, and there is a friendly country who is a leader of civilization and who can learn from and follow the law. To establish a constitution that can be known for a hundred generations, and to establish a long-term goal that will last for thousands of years, this is the time!It's almost here!

Why do the constitutions of various countries not only clarify the authority of the monarch and officials, but also the authority of the people?Civil rights holders, so those who support the Constitution and not corrupt it.So that the monarchs of the world, ancient and modern, are as benevolent and wise as my emperor today, and it is okay to ask for help from the people, or not to ask for help from the people.Although, with the sages of Yu and Tang, it is not possible to protect the descendants without Jie and Zhou;This is the real path through the ages, and it is not enough to be taboo.Let those who are unfortunate like Jie and Zhou come out, abuse their power, indulge in violence, and trample on the constitution, what will we do?If the unlucky ones like Huan and Ling come out, the power will be left behind, and the traitors will steal it to trample on the constitution. How will we treat it?Therefore, if there is no civil rights, even if there is a very good and beautiful constitution, it is just a dead letter, without compensation, and the matter is easy to understand.Not to mention this, even if the monarchs from generation to generation, the saints are like Tang and Yu, and the bright are like Gao and Guang, but a country is so big that it cannot be ruled by one person alone, it must be handed over to officials.Officials are not just a few people, they are even tens of thousands, billions of trillions.There are few sages in the world but there are many good ones, so it is difficult to encourage good and easy to do evil. Those who dare not do wrong are limited by the law; those who dare not disobey the law are only supervised by someone.But in China, it is not impossible to restrict officials, and it is not impossible to set up people to supervise officials' compliance with the law, but why is it that the death is invalid?So it is not the right way to be imprisoned.Fearing that states and counties do not abide by the law, they set up roads and government offices to supervise them; if the roads and government offices do not abide by the law, what will happen?Fearing that Taoism and the government will not abide by the law, they set up supervisors and guardians to supervise them; if the supervisors and governors do not abide by the law, what will happen?The so-called law is not feasible, and the prisoner is not necessarily wiser than the prisoner. Restraints are omnipotent, but rescues are ineffective. The more prisons there are, the more chaotic the system will be. No way, the law is poor.Therefore, the matter of supervising officials has to be assigned to the people, because they are concerned with their own interests, and they will not be willing to shelter;Therefore, if you want the monarchy to be limited, you must not use the civil rights; if you want the official power to be limited, you must not use the civil rights.The constitution and civil rights are inseparable. This is not easy, but it has been learned from the experience of all nations.

Mencius said: "The world has been born for a long time, and it is ruled and disordered." This is the ear of the autocratic country.If the husband is a constitutional country, it will be ruled and cannot be restored.In an autocratic country, when it meets orders, it will rule, when it meets a middleman, it will decline, and when it meets a tyrant, it will be chaotic; that is, if it does not meet a tyrant, the middleman will continue with the middleman. Less, but more chaos.Looking at the ways of causing chaos in China for thousands of years, there are self-rulers who are in chaos, such as the contention of the sons and daughters, the mother's empress domineering, tyrants who have no way, etc.; Yes; there are free people who are in chaos, either they are forced by tyranny, or they are driven by famine.To put it simply, the imperial court was in chaos first, and then the people were in chaos.If there is a constitutional country, there is no need to worry about it.The inheritance of the throne and the ownership of the sovereignty are all definite, but how can anyone take advantage of the gap to be an adulterer?The advancement and retreat of ministers depends on the amount of sponsorship from the House. The monarch observes the direction of the people and then grants them. How can there be Cao Cao, reckless, An, and Shi who can sit in the middle?Moreover, when the monarch issues a policy and issues an order, he must seek to reach the common people. According to the wishes of the people, after the approval of the House of Representatives, if there are things that the people have not mentioned, they will be repeatedly announced by the ministers to the House of Representatives, and the consensus of the majority must be sought. Give it a thumbs up.If the people have sufferings, they can all bring them to the House of Representatives, which is more convenient and convenient, but how can the people complain about them?Therefore, those who have a constitutional government will never have a chaotic government.Guan Ge praised Tongyu, saying "the country has been good for hundreds of millions of years." If there is a constitutional government, it can be said that the country has been good for hundreds of millions of years!Even today, Britain, the United States, Germany, and Japan are all countries. I dare to guarantee that from now on, until the end of time, there will be no worries of civil strife in the country!Then why are those who seek the country afraid of not adopting this political system?

Our friend's talk about civil rights has been here for ten years; those in power are worried, jealous, and fearful, like a flood and a beast.This is no wonder, because you don't know the difference between civil rights and democracy, and those who say that civil rights must be enemies with the monarch they wear, so it is appropriate to worry, envy, and fear them.I don't know that there is a constitution of the monarchy and a constitution of democracy, both of which are civil rights, and there is a reason for the way to tame them.Whenever a country changes to democracy, there must be those who are forced to do so.If the British did not abuse the Americans, the United States today would be like Australia and Canada; if the King of France did not oppress its people, France today would be like the court of the Bourbons.Therefore, those who want to wear the monarch are better than Xing Minquan.Do you care about the UK?The United Kingdom is also the country with the most prosperous civil rights in the world, and the people love their emperor like their parents, so that the British court treats its people as it used to treat the Americans, and Britain will continue to be beautiful for a long time.Don't you care about Japan?Japan is also the country where civil rights originated in Asia, and the people respect their emperor as if they were emperors. If the emperor treats his people like Louis XIV of France, Japan will continue to be a law for a long time.One gain and one loss, one prosperity and one loss, what should a king choose?What should those who love their king choose?

In today's world, it is the time when autocratic and constitutional regimes are changing from old to new.According to the axiom, when two things in inverse proportions change from generation to generation, there must be competition, and the old one will lose and the new one will win.Therefore, all countries on the earth must return to the constitution after all, and this is inevitable.Using human power as an enemy of desire and reason is like throwing an egg at a stone or shaking a tree with a mayfly, but you will only see that they don't know how to measure their ears.A hundred years ago, all European countries, except Great Britain, were autocratic.The pressure was extreme, and the French Revolution suddenly exploded, and the sound shook the world, and the fury spread to the whole of Europe.Those who seek a constitution among the people are the same in all countries.The emperors of Russia, Prussia, and Austria formed an alliance to control their people, and aided each other in case of civil strife, while the Austrian Prime Minister Metternich, with his cunning and cunning talent, has been the leader of the European continent for forty years, and he is daily suppressing civil rights. , the pawns are invincible, and their reputations are ruined.Fifty years ago, constitutions were established throughout Europe.There is only one Turkey left, and all countries regard it as a sick man, who thinks day by day about dissecting beans and dividing them up; there is still one Russia, although the country is powerful outside, but its emperor has been assassinated for three generations. disturbed.The difficulty of being a king, once it comes to this, how happy is it?Therefore, there are four differences in the transformation of countries on the earth in the past hundred years: First, if the monarch establishes a constitution according to the current situation, his monarch will be safe and prosperous, and his country will be peaceful, just like Pu, Austria, Japan and other countries.Second, the monarch is unwilling to establish a constitution, and the people are forced to stand on their own, so they become democratic constitutionalists, such as France and South American countries.Third, the people think about constitutionalism, but the monarch does not allow it, and the people are unable to make revolutions, and they are always plotting to assassinate the monarch and prime minister, just like Russia.Fourth, the monarch and the people do not know the beauty of constitutionalism, and the whole country becomes obsessed, and all the governments are abolished, so they are destroyed by other tribes, such as India and Annan.Among the four, which one is good and which one is bad, and where to go, can be decided without waiting for a wise man.Like Bipu and Ao, the princes, at the beginning thought that the constitution would do great harm to themselves, so they fought for it with all their strength; and after the constitution was established, they realized that it was not only harmless, but also of great benefit, so they should laugh outright and regret the former. It's asking for trouble, but it's still better than Louis XVI of France, and it's too late to regret.Now that the transmutation of the West has been established, its trend has swept around and spread to the East.Japan was the first to acquire the ethos, thirsty for goodness, and when its vitality was established, it was called strong.China is in a state of intoxication, the mausoleums and barbarians are declining, and the situation is dimmed, and it is so far.The battle of Japan is a stick, the police of the rubber brigade drink it, and the disaster of the bandits is slammed. Those who know know that the vitality of the country cannot be delayed for a moment.The time has come to realize China's constitution today!Although the authorities want to stop it, how can Wu block it?Now that the authorities know that it is a task to establish schools and educate talents, one more youth in the school, that is, one more constitutional party among the people, why?Those who are patriotic and have a little understanding of the origin of the prosperity and strength of the Westerners will not take this as the first righteousness.Therefore, there is no doubt that China and the civilized countries on the earth will belong to the same constitution.If it is established today, the blessings of the people will be earlier, and the ancestors will lose their merits; if it is discouraged today, the progress of the country will be later, and it will be difficult for the latecomers.That's all!If you really love your monarch and your country, you must be familiar with scornful words.

The questioner said: But is it possible for China to have a constitutional government today?Said: It is impossible.Those who have a constitutional government must be able to implement it after the people's wisdom is a little open.The Japanese Restoration took place at the beginning of the Meiji era, and the Constitution came into effect twenty years later, which is evidence of this.China will take ten or fifteen years at the fastest before it can be said here.The questioner said: "You can't do it in a hurry today, but what is the reason for Ziji's rush?"Said: If it is done ten years later, then it should be done ten years ago.A husband and a country are like one person. When a person learns at the beginning, he must first decide what career he wants to pursue in the future, and then all knowledge and materials are stored for use in this career.Therefore, a doctor must decide to be a doctor a few years before practicing medicine, and a businessman must decide to be a businessman a few years before doing business.But the same is true for the country. We must first decide what kind of government our country will adopt in the future, and then all the arrangements and preparations will be born from this.Gou Buer is like navigating without a south needle, sewing without a measuring stick, crossing in turbulent currents, not knowing where to go, making up stitches, not fragments, and no one who can help.Therefore, adopting a political system, deciding to establish a constitution, and practically analyzing the first thing to clarify the righteousness of the first case, there is no room for delay!

Now that a constitution is established, what should be the order of its establishment?Said: The constitution is the one that is not easy in the world, and the root of all laws and regulations. Therefore, when it is first established, it must be meticulous and prudent, and the work should stop at the ultimate good.Japan's constitution was implemented in the 23rd year of Meiji; its constitution was promulgated in the 13th year of Meiji; and its constitution was drafted in the fifth year of Meiji.When it was first created, five special ministers were sent to travel to Europe to investigate the similarities and differences of the constitutions of various countries, and weigh their gains and losses;Gai Qi is cautious and cautious, and Yu is also cautious.If you want to do it in China today, I think the procedure should be as follows:

1. First, please ask the emperor Huan to issue a clear edict to all the subjects, and make China an empire with a constitutional monarchy, which will last forever. Second, it is advisable to send three important ministers to travel to European countries, the United States, and Japan to examine the similarities and differences of their constitutions, which ones are suitable for China, which ones should be added, and which ones should be discarded.Lead more than ten entourages who are proficient in English, French, German, and Japanese. They must be knowledgeable and not only understand dialects. (Also, the important ministers and entourage sent to investigate the constitution this time should carefully study various laws such as administrative law, civil law, commercial law, and criminal law.)

Thirdly, once the sent members have returned, a legislative bureau should be opened in the palace to draft the constitution and present it to the imperial court at any time. Fourth, the original texts of the constitutions of various countries and masterpieces explaining the constitutions should be translated by the Legislative Council and promulgated throughout the world, so that the people will know their origins and increase their knowledge as a substitute. Fifth, the draft is completed, but before it is considered the final version, it will be issued to the official newspaper bureau first, so that the people of the whole country can distinguish and discuss, or write a book, or publish a news paper, or make a speech, or submit a letter to the Legislative Council, and analyze and debate one by one, and so on. Or five or ten years, and then the profit and loss will be formulated.Once the final version has been promulgated, the constitution cannot be changed without a nationwide vote.

Second six, starting from the date of the decree to establish the government system, the period of implementing the constitution shall be 20 years. This article discusses how to quickly establish the constitution, the similarities and differences of the constitutions of various countries, and what the Chinese constitution should do. I also have some opinions.But it's not the right time to talk about it today, and I hope to use another day.
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