Abstract
Constitution, as the symbol of the sovereignty of people, is the foundation of running the country according to law. It decides to a country’s development of legal system. The ROC Constitution in 1946 is the last constitution in china’s feudal history and was written by non-Kuomintang persons after the political consultative conference. On the basis of Sun Yat-sen's Five-Power Constitution, this version adopted the foreign constitutional theories. The ROC Constitution was inherited in a complete text and taught us precious experience. Although its democratic features, the constitution itself made some progress on balance of power, restriction of power and human rights. When a political system ready to accomplish, it needs not only the exterior political conditions, but also the attitudes of the governors. Because the constitution has restricted the power of the Kuomintang, thus they would not carry out this constitution in terms of their own benefits, but made this constitution only a paper.
Keywords:ROC Constitution in 1946,constitutional government,advancement