What Is a Temporary Restoration?

After the victory of the Revolution of 1911, led by Sun Yat-sen, the Provisional Government of the Republic of China (Nanjing), founded in Nanjing, Song Jiaoren drafted and formulated a fundamental law of the "constitutional" nature, which was China's first bourgeois constitution. The "Outline of the Provisional Government of the Republic of China" came into effect on March 11, 1912. It was replaced on May 1, 1914 by the promulgation of the Law of the Republic of China (the law of Yuan Shikai). Restored by President Li Yuanhong. The Republic of China military government established on September 10, 1917, based in Guangdong, launched a law protection campaign, and the defender was the "Provisional Law of the Republic of China."

Republic of China Provisional Law

It is China's first bourgeois constitutional document. (Note: The Outline of the King James Constitution is the first constitutional document in Chinese history , and the Provisional Law of the Republic of China is the first constitutional document of the bourgeoisie in China.

Announced March 11,

1. There is no specific stipulation on the rights of the people and the guarantee of realization of the rights;

2.Not implemented

The two most important political tasks of the Republic of China in 1913 were to formulate a formal constitution and elect a formal president to replace the Interim Law and the interim president. Yuan is extremely dissatisfied with the provisions of the Interim Treaty Law that restrict the president s power. In the process of formulating the new constitution, he took various measures to try to seize the power to draft the constitution. The president was required to be elected first and then the constitution; the Congress tried hard to resist and required the constitution to be determined before the president's authority was elected. In the end, Yuan contacted the eighteen provincial governors and jointly accused and condemned the parliament, oppressed the parliament to obey their will, and first elected the president. Once elected as president, Yuan renounced the parliament: "After being elected president, he has repeatedly betrayed his faith, and neither sat in parliament nor took part in parliament to express his political opinions. When the Bohol Temple took office, the members of the parliament were placed in the court. In this way, members of parliament could not see him or hear his oath, and obviously despised parliament. "(Wang Yizhen," Remembrance of the First Years of the Republican Congress ")

Before he was elected president, Yuan's desire to interfere with the drafting of the constitution was suppressed by the Yuan in order to avoid resentment from Congress; immediately after his election, such interference raged out. He assumed the presidency on October 10, 1913, and on the 16th, the Yuan Family launched a fierce critique of the provision on the restriction of presidential power in the "Provisional Treaty Law"-not only in terms of unscrupulous wording, but also on the line and since the founding of the Republic of China, All problems in the governance of the country come down to the "stroke of restraint" on the power of the President and the government by the Interim Law. Yuan's blatant speech: "The ignorance of the President, I believe that the provisions of Chapter 4 of the" Provisional Covenant Law "on the powers of the President apply to the President. There have been various difficulties. If it is applied to the President, the difficulties will be difficult. It s so good! ... The President is bound to the law by himself, and is not as heavy as the lives and property of our 40 million people. He is also bound by the law! According to Yuan Shikai, the temporary law restricts the law The power of the President is simply tantamount to joking about the lives and properties of 40 million people. It is simply a crime and a law of death!

Yuan's wholeheartedly wanted to monopolize all the military, political and diplomatic powers in his own hands. In this way, he felt relieved and confident to lead the Republic of China to prosperity. Yuan seems to have forgotten how the republic camethe Revolution of 1911 was due to the people s distrust and veto of the autocratic autocracy; the revolution was for democratic decentralization and was not for autocratic centralizationYuan seemed unconscious To: What is the difference between a big president who is unwilling to be restricted by the Constitution and an authoritarian emperor?

Since Yuan Shikai assumed the presidency, the operation of central power has seriously violated the spirit of the law of treaties, and was replaced by Yuan's "Republic of China Treaty Law" in 1914. The duration of the "Provisional Law" was only two years. Since then, although Mr. Sun Yat-sen has launched a law-defending campaign to maintain the law, he has also failed. What is the reason for this? In this regard, the academic world has always concentrated on three points: First, from the comparative analysis of the government forces at the time, Sun Yat-sen is the representative

The "provisional law" is not a product of political factions, classes, and classes based on the common political ideas of democracy and republic. First of all, within the Alliance

Although the "Provisional Law" failed to propose revolutionary tasks against imperialism, it did not propose a complete anti-feudal program from the economic foundation to the superstructure. But it was a better thing in that period. The essence is that it passes the legislative process. Established the state political system and the organizational form of the political power of the bourgeois republic. And the democratic rights of the people. Its practical significance lies in China's first pioneering rule of law. The significance of its ideological enlightenment is to promote the awakening of the people and encourage them to fight for their rights. The significance of promoting Chinese social development lies in making democratic republican ideas popular. Provided conditions for the further development of the democratic revolution in the future. Its constitutional significance lies in the realization of constitutional principles. As

Documents of the constitutional nature of the bourgeois republic published by the Nanjing Interim Government headed by Sun Yat-sen. It was approved by the Nanjing Provisional Senate on March 8, 1912, and announced on November 11. There are seven chapters, including the General Scoring Outline, the People, the Senate, the Vice President, the Interim President, the State Councillor, the Court, and Bylaws, with a total of 56 articles.

The provisional law embodies the state system of the bourgeois democratic republic. Provided that "the Republic of China is organized by the People's Republic of China", "sovereignty belongs to the entire people", "the territory is the 22 provinces, Inner and Outer Mongolia, Tibet, Qinghai"; right".

The provisional treaty reflects the spirit of democracy. It stipulates that "the people of the Republic of China are all equal, and there is no difference between races, classes and religions." The people enjoy the freedom of person, residence, property, speech, publication, assembly, association, communication and religion; the people have the right to petition, litigation, examination, election and election. It also stipulates that the people have obligations to pay taxes and serve.

The "three powers separation" principle is implemented in the form of government organization. Provides that the nationwide legislative power belongs to the Provisional Senate. The Senate has the power to determine all laws, budgets, final accounts, tax laws, currency systems, and weights and measures, raise public debt, elect interim presidents, vice presidents, impeach the presidency and state officials. The important powers exercised are the right to consent and the final decision.

The interim president represents the interim government in overseeing government affairs, promulgating laws, commanding the nation s navy and army, formulating official rules and regulations, appointing and removing civil and military officials, etc., but in the exercise of powers, there must be a deputy office of the state servant. When impeached by the Senate, a special tribunal is formed by the Supreme Court. Judges have the right to stand alone. It denies the feudal monarchy, which has all the power. In addition, it stipulates that "the people have the freedom to keep property and operate". It embodies the requirements for developing a capitalist economy.

The temporary treaty is an important achievement of the victory of the 1911 Revolution, and it is a historic progress. It was abolished in May 1914 and replaced by the Law of the Republic of China.