무술시기 강유위 「제5차상서」에 나타난 國會와 憲法에 대한 재검토

Abstract

The article focused on tracing the origins and functions of the parliamentary system, including the National Assembly, Constitution and political system, which appeared on the Fifth Memorial, and presenting a rough outline of establishing the National Assembly and enacting the Constitution during the Reform Movement of 1897-1898. To this end, I first tracked Kang You-wei"s perceptional changes of Western political ideas through the Japanese Meiji Restoration and Japanese books, which are the backgrounds of knowledge in the submission of the Fifth Memorial, and reviewed Kang You-wei"s new progress in his perception of the National Assembly and the Constitution.<BR> Based on this, I closely tracked the origins of the National Assembly and the Constitution in the Fifth Memorial, relations with Bibliography of Japanese Books(日本書目志), as well as the commonality and differentiation of Reform issues in the Fifth Memorial, and re-examined in-depth issues such as the structure and function of the bicameral National Assembly, civil constitution, and civil rights (human rights and political rights of public citizens) and so on. Lastly, in order to overcome the limitation of excessively compressive description of the National Assembly-related narratives in the Fifth Memorial, referring to “a memorial to imitate west’s parliamentary establishment for Reform and Self-Strengthening(變法自強宜仿泰西設議院摺)”, which was drafted by Kang You-wei in period of The Hundred Days" Reform(1898), I presented Kang"s concrete design for establishment of bicameral National Assembly during Reform Movement of 1897-1898.<BR> Through this study, if I present a Kang you-wei’s rough blueprint of establishing the National Assembly and the enactment of the Constitution which appeared in the Fifth Memorial, it can be summarized into following five things. 1) The establishment of the National Assembly, a legislative body based on the separation of powers within 3 months, 2) The National Assembly adopts the Prussian-style bicameral system, 3) The Emperor’s convocation of the National Assembly and participation in the opening ceremony, 4) Relationship setting between the legislative power and voting rights of the bicameral National Assembly, 5) Enactment of constitution and reflection of human rights and political rights of citizens in the Constitution.