Then, taking some judicial cases as example, analyzes why the torture was still performed as past in the early Republic of China's judicatory practice from aspects of national finance, lack of talented person, system loopholes and politics.
This article applies the method of constitutional analysis to discuss the institutional features of "the Tiantan Constitution Draft" in early Republic China.
So this paper chooses the politics of Constitution-making and Democratic Transition of Early Republican China as a case study, expects to use rising political sociology methods, especially rational choice theory, new institutional theory, tries to review the lessons of Chinese early democratic failure by microscopic approaches.
Observing the political development of Early Republican China through the democratization, an obvious fact is the Republican China is at the pivotal phase of Democratic Transition.
This article, after analyzing the change of the Elunchunzu traditional culture, referred that the Elunchunzu traditional culture is a dynamic culture, the self - choosing culture improving with the time.
In the early years of Republic of China (10 Oct. 1911~5 April 1912),as the leading power in the "Revolution of 1911", with the authority position, Revolutionist Party got the chance to put its constitutional though into practice.
The making of the official Qingshi (Qing History) during the turbulent years of early Republican China epitomizes the flux and complexities of modern Chinese historiography in an age of transition.