6. JHL_02_2017 DA Lu 87-99.pdf

table of contents Christian Neschwara: Die Brünner Kompilationskommission und ihr Entwurf für die Einleitung zum Codex Theresianus. Ein Beitrag im Hinblick auf „300 Jahre Maria Theresia“ . . . . . . . . . . .2 Andrew Watson: Changes and Influences on Jury Advocacy in England and Wales during the Second Half of the Twentieth Century. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Heidi R. Krauss: „Zwischen den Zeilen des Rechts“. Zu verschiedenen Funktionen der Siete Partidas Alfons X. von Kastilien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Christoph Bezemek: Leviathan’s Heir. Enlightenment Philosophy and Hereditary Monarchy . . . . . . . . . . . . . . . . . . . .30 Dmitry Poldnikov: The Functional Method as the Staple of Comparative Studies of European Legal History in the Early 21st Century?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Eszter Cs. Herger: Die Mitgift. Beiträge zur Ausdeutung des traditionellen Familienmodells im ungarischen Ehegüterrecht . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Csaba Cservák: A Historical Overview of the Emergence of Certain Electoral Systems . . . . . . . . . . . . . . . . . . . . . . . .50 Engjëll Likmeta: Albanian Assembly (Parliament) between Tradition and Development. A Historical-Legal Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 Editorial staff Journal on EuropEan History of law: JuDr. phDr. stanislav Balík, ph.D. Attorney at Law, Prague, Czech Republic prof. Dr. Barna Mezey Faculty of Law, Eötvös-Loránd-University Budapest, Hungary prof. JuDr. Jozef Beňa, Csc. Faculty of Law, Comenius University in Bratislava, Slovak Republic Doc. JuDr. phDr. Jiří Bílý, Csc. Metropolite – University Prague, Czech Republic Dr. piotr fiedorczyk Faculty of Law, University of Białystok, Poland alberto iglesias Garzón, ph.D. Charles III University of Madrid, Spain prof. Dr.iur. Dr.phil. thomas Gergen, Ma Institut Supérieur de l'Économie, ISEC Université Luxembourg prof. Dr. Gábor Hamza Faculty of Law, Eötvös-Loránd-University Budapest, Hungary prof. JuDr. ignác antonín Hrdina, Drsc. Faculty of Law, Westbohemia University, Plzeň, Czech Republic JuDr. Vilém Knoll, ph.D. Faculty of Law, Westbohemia University, Plzeň, Czech Republic Doc. dr. sc. ivan Kosnica Faculty of Law, University of Zagreb, Croatia izv. prof. dr. sc. Mirela Krešić Faculty of Law, University of Zagreb, Croatia prof. zw. dr hab. adam lityński Faculty of Law, University of Silesia, Katowice, Poland Doc. Dr. olga lysenko Faculty of Law, Lomonosov Moscow State University, Russia tony Murphy Department of Law & Criminology, Sheffield Hallam University, UK ao. univ. prof. Dr.jur. Christian neschwara Faculty of Law, University of Vienna, Austria Doc. Dr. Dmitry poldnikov Faculty of Law, National Research University, Higher School of Economics, Moscow, Russia Dr Dr Guido rossi Edinburgh Law School – University of Edinburgh, UK Doc. JuDr. Karel schelle, Csc. Faculty of Law, Masaryk University, Brno, Czech Republic Dr. Gábor schweitzer, ph.D. Institute for Legal Studies of the Hungarian Academy of Sciences, Hungary adw. Ewa stawicka Attorney at Law, Warsaw, Poland Dr. Magdolna szűcs, ph.D. Faculty of Law, University of Novi Sad, Serbia Doc. JuDr. Bc. Jaromír tauchen, ph.D., ll.M. Faculty of Law, Masaryk University, Brno, Czech Republic prof. Dr. wulf Eckart Voß Faculty of Law, University of Osnabrück, Germany Maria Lewandowicz: Is there a Polish Legal Tradition? - on the Margins of Considerations Regarding the 1933 Code of Obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 Zoltán J. Tóth: The Abolition of Capital Punishment in the major Countries of Europe . . . . . . . . . . . . . . . . . . . . . . .77 Da Lu: The Birth of Communist Party and Soviet Constitution between China and Hungary . . . . . . . . . . . . . . . . .87 Mónika Ganczer: The Effects of the Differences between the Austrian and the Hungarian Regulation of the Rights of Citizenship in a Commune (Heimatrecht, Indigénat, Pertinenza, Illetőség) on the Nationality of the Successor States of the Austro-Hungarian Monarchy . . . . . . . . . . . . . . . . . . . . . . . . . 100 Janka Teodóra Nagy: Zoltán Magyarys Rolle in der dogmatischen und praktischen Begründung der ungarischen sozialen Verwaltung zwischen den beiden Weltkriegen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Siska Katalin: The Presidency of Religious Affairs of the Republic of Turkey – The Legal Oddity . . . . . . . . . . . . . 114 Stephanie Kucharski, Thomas Gergen: Jüngste Entwicklungslinien in der Urheberrechtsgeschichte das „Gesetz zur verbesserten Durchsetzung des Anspruchs der Urheber und ausübenden Künstler auf angemessene Vergütung“ vom 1. März 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 book Diemut Majer – Wolfgang Höhne: Europäische Einigungsbestrebungen vom Mittelalter bis zur Gründung der Europäischen Wirtschaftsgemeinschaft (EWG) 1957 – Teil I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 book reviews Norbert Gross: Reinhold Frank, Urteil – Vollstreckung – Nachurteil. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Alexander Krey: Die Praxis der spätmittelalterlichen Laiengerichtsbarkeit. Gerichts- und Rechtslandschaften des Rhein-Main-Gebietes im 15. Jahrhundert im Vergleich. . . . . . . . . . . . . . 160 Der Wiener Kongress von 1815 im Spiegel der rechtshistorischen Literatur (Sammelrezension). . . . . . . . . . . . . . 161 Gerhard Deter: Zwischen Gilde und Gewebefreiheit (Bd 1, Bd 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Michael Lauener: Jeremias Gotthelf – Prediger gegen den Rechtsstaat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Petr Toman, Ondřej Šebesta: The Nestors of Czech Advocacy (fascinating lives between sections) . . . . . . . . . . . . . . 166 Reports from history of law Zum 300. Geburtstag von „Kaiserin“ Maria Theresia – Lebensskizze einer Reformerin. . . . . . . . . . . . . . . . . . . . . 168 70. Geburtstag von Dr. Martin Vogel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Guidelines for authors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Journal on EuropEan History of law © 2017 STS Science Centre Ltd. All rights reserved. Neither this publication nor any part of it may be reproduced, stored in a retreival system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of STS Science Centre Ltd.. Published semiannually by STS Science Centre Ltd. „Journal on European History of Law“ is a registered trademark of STS Science Centre Ltd. Issued twice a year. Printed in the EU. issn 2042-6402 2/2017 The Birth of Communist Party and Soviet Constitution between China and Hungary Da Lu * Abstract China and Hungary shared a similar memory of socialist experiences in the communist period since 1949. Nevertheless, the communist regime was not out of thin air. The history of Communist Party in China could be traced after the failure in the Paris Peace Conference in 1919. The disappointment of the “Great Power” forced the young Chinese turn to ask for help from Soviet Russia. In Hungary, the story is quite similar. The Paris Peace Conference disappointed Hungarian, some Hungarian who accepted communist were sent to Hungary from Russia. Sooner, the first soviet experiment happened in Hungary, the Hungarian Soviet Republic. In this article the author will introduce the birth of Communist Party and the soviet Constitution between China and Hungary. Keywords: birth; communist party; soviet constitution; China; Hungary. When we examining the history, it is easy to notice that China and Hungary shared a history with socialist experiences and social system since 1949.1 However, the socialist experiences in the partial of these states and the activities of Communist Parties have a much longer history. In China, Socialist experiences could be traced back to the October Revolution in Russia, since the Failure of Paris Peace Conference, the Chinese Scholars and young generation tried to find a new solution to help China to get rid of the miserable situation of colonization. As Mao Zedong said, “With the cannon of October Revolution, the Revolution brings us Marxism–Leninism.” Marxism-Leninism was considered as a new way to solve China’s problem. Chen Duxiu and Li Dazhao, the Pioneers of Socialism in China, organized the earliest Communist group in China.2 In Hungary, the Hungarian Soviet Republic was considered as the second Soviet Republic in the world. Although it just lasted for only 133 days.3 In this article, the author will give an introduction of the birth of Communist Party and its early exercises between China and Hungary. However, the whole picture of the Communist Party’s activities in this period in each country is impossible present in one article. Therefore, the author will choose the most important part. In other words, the history of Communist Party which related to the constitutional practices in each country shall be mainly presented in the article. In details, in the early exercises of Communist Party of China, the author will introduce the birth of Communist Party of China, the white terror period and the Constitution of Chinese Soviet Republic.4 In Hungarian Communist Party’s exercises, the main attention will be paid on the Formation of the Hungarian Soviet Republic and Constitution of Hungarian Soviet Republic.5 1. The birth of Communist Party of China 1.1 The birth of Communist Party of China Since the first Opium War opened the door of China,6 Chinese suffered the colonization and had numerous attempts to * Da Lu, Faculty of Law and Political Science, University of Szeged, Szeged, Hungary. 1 China, as a socialist state, starts its socialist experience since 1949, after the country suffered eight years anti-Japan war and Four years civil war. In Hungary, the situation is quite similar. After the Second World War and with the “help” of Soviet Union, Hungary start their socialist experiences successively in the very late of 1949. 2 FAIRBANK John King (ed.), YANG Pinquan, ZhANG Yan et al. Trans. The Cambridge History of China, Vol. 12, Beijing, China Social Science Press, 1993, p. 482-485. 3 HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 7. 4 The Constitution of Chinese Soviet Republic, Chinese version, http://cpc.people.com.cn/GB/64184/64186/66640/4489884.html, accessed 18 October 2016. 5 Constitution of Hungarian Soviet Republic, Hungarian version, https://hu.wikisource.org/wiki/A_Magyarorsz%C3%A1gi_Szocialista_ Sz%C3%B6vets%C3%A9ges_Tan%C3%A1csk%C3%B6zt%C3%A1rsas%C3%A1g_alkotm%C3%A1nya, accessed 18 October 2016. 6 The reason of First Opium War is still in debates, however, this result of Opium War is clear, it opened China’s door, the great powers came to China, and started to divide their Sphere of influence. See FAIRBANK John King (ed.), The Cambridge History of China, Vol. 10, Late Ch’ing, 1800‑1911, Part 1, Cambridge, Cambridge University Press, 1978, p. 212. Also see LIU Cunkuan, 试论英国发动第一次鸦片战争的双重动因[Analysis the Two Reason of Great Britain Starts the Opium War], Modern Chinese History Studies, 1998, No. 4, p. 170, http://jds.cass.cn/UploadFiles/zyqk/2010/12/201012091702137749. pdf, accessed 18 October 2016. 87 J  E H  L 88 get rid of their unpleasant situation.7 However, the new leadership and the new Republic did not give Chinese dignity and equality, China, as a victor in the First World War joined the Paris Peace Conference, and did not reach its goal, became an independent country again.8 Since the failure of Paris Peace Conference, May Forth Movement broken out in Beijing, Chinese scholars and the young generation started to find a new road to leading the independence of China.9 The new method is socialism. The Chinese scholar noticed what happened in Russia since 1917, the great change of Russia and its outcome, Marxism-Leninism were brought to China. Chen Duxiu and Li Dazhao and their followers consisted of the first Marxism-Leninism group in China, the New Youth Magazine also introduced numerous articles of Marxism-Leninism and the translated books and original books full of the library and bookshop 10. In the summer of 1921, the Communist Party of China established in Shanghai and South Lake in Jiaxing with the help of Communist International.11 There were 12 delegates who represent 57 members of the Communist Party of China, Delegate Mao Zedong represent the Hunan Communist cell, however, the pioneer of Communist Party of China, Chen Duxiu and Li Dazhao did not attend the meeting.12 1.2 The First United Front On 26 January 1923, Sun–Joffe Manifesto published in Shanghai, it is considered as the beginning of First United Front between Kuomintang and Communist Party of China.13 Since then, the First United Front played a very important role during the whole revolutionary history in 1920 s. 7 8 9 10 11 12 13 14 15 16 17 Before the Manifesto, with the guiding of Communist International, Communist Party of China made the decision to cooperate with Kuomintang during the West Lake Meeting in August 1922. According to the decision the Party members shall join Kuomintang individually, and spread the communism.14 In response, during the First National Congress of Kuomintang which held in January 1924, made the determination to alliance with the Soviet Union and Communist Party of China, the decision of accepting Communist Party of China member join the Kuomintang as individual was also made in this Congress. What’s more, in Central Committee of Kuomintang, there offered some special high ranked positions for Communist Party of China member.15 With the help of the new Communist International emissary Borodin, during the first Congress, not only the whole program of meeting was very similar with the meeting of Communist Party of the Soviet Union, but also formed a Party Constitution, which had a strong influence from Russian Communist Party’s Constitution.16 During the First United Front, Communist Party of China and Kuomintang made a great progress of Chinese revolution. At the end of the First United Front, Kuomintang almost finished its goal to unify the whole country. With the help of Soviet Union and Communist International emissary, the Front formed the National Revolutionary Army, and from 1926, the Front started its new journey, Northern Expedition. During the decades of years revolutionary experiences, Sun Yat-Sen realized the importance of army, in May 1924, the Republic of China Military Academy opened to its nearly 500 new students from the whole land.17 Chiang Kai-shek, one of the leaders of the Kuomintang was appointed as the Generally speaking, these following activists are considered as the fighting of Chinese, Taiping Heavenly Kingdom, Boxer uprising, the reform movement of 1898 and the Xinhai Revolution. See PURCELL Victor, Reviewed Work: The Opium War through Chinese Eyes by Arthur Waley, The Journal of the Royal Asiatic Society of Great Britain and Ireland, 1959, No. 3/4, p. 151. https://www.jstor.org/stable/25202257?seq=1#page_scan_tab_contents, accessed 18 October 2016. China requested return of sovereignty over Shandong, however, this request was refused by the Conference. FAIRBANK John King (ed.), YANG Pinquan, ZHANG Yan et al. Trans. The Cambridge History of China, Vol. 12, Beijing, China Social Science Press, 1993, p. 569. Ibid, p. 569, 570, 576. The original plan was the inaugurating meeting will be hold in Shanghai, a school in the or so young men in their twenties. Beginning in a school in the French concession, however, the meeting was monitored by the secret police, the members had to change the meeting place, a boat in South Lake. See FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 515. Ibid and see also “The Brief Introduction of the First National Congress of the Communist Party of China”, http://cpc.people.com.cn/ GB/64162/64168/64553/4427940.html, accessed 18 October 2016. The formation of First United Front did not go well at the beginning, this idea was a decision which made by the Communist International, not originally produced in China. In order to practice this idea, Communist International sent its member Maring came to China, and stared to carry out this idea, however, at the beginning, not only Kuomintang refused this idea, but also the Communist Party of China refused it. DING Xiaoqiang, 中共第 一次国共合作的策略演变[The Changes of the Policy of the Communist Party of China During the First United Front], Modern Chinese History Studies, 1990,No. 5, p. 174, http://jds.cass.cn:8080/Jwk_jdsyj/CN/article/downloadArticleFile.do?attachType=PDF & id=1235, accessed 19 October 2016. What’s more, there are more auguring of the beginning time of the First United Front, according to Zhang Lei’s article, the First National Congress of Kuomintang which held in 1924 marks the beginning of the First United Front, Zhang Lei, 孙中山与第一次国共合作研究述评[A Review on Sun Yat-sen and First KMT–CCP Alliance], Conference Paper, International Academic Conference on Sun Yat‑Sen’s Study, 1985, p. 387. DING Xiaoqiang, 中共第一次国共合作的策略演变[The Changes of the Policy of the Communist Party of China During the First United Front], Modern Chinese History Studies, 1990,No. 5, p. 175. And according to the Communist International’s directive to Communist Party of China in May 1923, the Communist Party of China should make cooperation with Kuomintang, and start a national revolution in China. FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 533-534. YANG Kuisong, 国民党的“联共”与“反共” [Kuomintang: Unity with Communists and anti‑communism], Beijing, Social Sciences Academic Press (China), 2008, p. 29-32. Ibid, p. 29-30, see also FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 534-535. Ibid, p. 607. 2/2017 President by Sun Yat-Sen, and the principal military instructors were all graduated from the military school. Also, it should be mentioned that the member of Communist Party of China made its own contribution in the school, Zhou Enlai, after his study in Europe, joined the school as well, as a vice director of Political Department.18 This military academy was considered as the most important military school in China, not only numerous generals of Republic of China came from this school, but also lots of Communist military leader graduated from this school. In the mass movement part, Communist Party of China did a lot of work with the work class and peasants.19 It is said that there were around 1,241,000 members in the Labor Union in 1926. Also the Communist Party was very focus on the young generation, the Communist Youth Corps, enlarged more than five times in less than two years.20 In countryside, the Communist Party developed the Farmers’ Association a lot. Only in Guangdong, there were 626,457 members in the year of 1926.21 On 30 May 1925, the foreign policeman shot Chinese people because of protest, it caused 8 Chinese people dead, and some protesters got injured. Finally, it settled with the leading of the First United Front, it also inspired the Chinese Patriotic.22 1.3 The End of First United Front and White Terror However, the ending of Frist United Front was definitely not happy. In 1927, Chiang Kai-shek launched his anti-communist policy with violence.23 On 12 April, the Commander in Chief of Shanghai Garrison Command with the local gang 24 member disarmament of Workers’ Inspection Corps in one day. Next day, when the General Labor Union organized the protest 18 19 20 21 22 23 24 25 26 27 28 29 against Kuomintang’s violence, the Commander in Chief, Bai Chongxi order his army to shoot the protesters.25 The cooperation between Kuomintang and Communist Party of China was officially finished, Kuomintang, the party which ruled by Chiang Kai-Shek and started its counterrevolution policy in China, Communist Party of China realized the importance of army, and tried to establish its own revolutionary army in the countryside. It marks the end of the First United Front and the beginning of White Terror as well. On 15 April, two days after the 12th April Counterrevolution Incident, Chiang Kai-Shek published a Post of Purge the Party. In this Post, it mentioned the Communist Party and its member have to be inspected on suspicion of betraying. What’s more, Chiang order the army force arrest the leaders of Communist Party even published a wanted order.26 In Guangzhou, the Communist Party and its member also suffered a brutal massacre, even Republic of China Military Academy, a military school which used to be ruled by Chiang Kai-Shek had to disarmed, since the government believed that there was a strong influence by Communist Party, about 200 cadets were arrested, just because they were considered as member of Communist Party of China.27 Until 27 April, this tragedy finally finished, according to the report, there are around 2000 suspected communists had been arrested, about 20 people died in this massacre, most of them were young students, even there were two female students.28 In other part of China, the purge was also happened, it weakened Communist Party of China’s Influence and its power. In response, In Wuhan and Changsha, the radical Communist Party member killed so called enemies.29 YANG Shaolian, LUO Yulin, 中国共产党在创建黄埔军校中的作用[The Function of Communist Party of China During the Establishment of the Republic of China Military Academy], Modern Chinese History Studies, 1984, No. 5, p. 38-39. For example, in an enlarged plenum of Party’s Central Committee, the solution shown its goal, “It is absolutely true that the future destiny of the Chinese revolutionary movement depends entirely upon whether or not the Chinese Communist Party will be able to organize and lead the masses.” FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 563. In the early of 1925, the renamed Communist Youth Corps only had 2500 members, in November of 1926, there were around 12500 members in total. FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 563. Ibid. Ibid, p. 547-579. On 12 March 1925, Sun Yat-Sen died with his unfinished goal, unify China. Chiang Kai-Shek and Wang Jingwei became the leader of Kuomintang. Before the Shanghai massacre of 1927, Chiang Kai-Shek already started his limit Communist Party policy, on 20 March 1926, there was the Zhongshan Incident happened, in the same year of May, during the second Plenary Session of the Second National Congress of Kuomintang, a regulation of limitation Communist Party of China was adopted. It seems that Chiang tried to solved the problem between Kuomintang and Chines Communist Party peacefully. YANG Kuisong, 国民党的“联共”与“反共” [Kuomintang: Unity with Communists and anti‑communism], Beijing, Social Sciences Academic Press (China), 2008, p. 128, 137. The local gang is Green Gang, a secret society and criminal organization with a long history. The Leader of Green Gang, Du Yuesheng was Chiang’s close friend, and he was also believed as one of the executor of 12th April Incident. FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 634-635. YANG Kuisong, 国民党的“联共”与“反共” [Kuomintang: Unity with Communists and anti‑communism], Beijing, Social Sciences Academic Press (China), 2008, p. 173, see also John King Fairbank (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 625, 634-636. During the Northern Expedition, thanks to the experience of the president of the Republic of China Military Academy, Chiang Kai-Shek became the highest leader of army in Kuomintang. YANG Kuisong, 国民党的“联共”与“反共” [Kuomintang: Unity with Communists and anti‑communism], Beijing, Social Sciences Academic Press (China), 2008, p. 173-174. FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 637. Ibid. Ibid, p. 638. 89 J  E H  L 90 1.4 The Reason of Breakup of the First United Front From Intimate cooperation to brutal repression, from an independent local government to ruling the whole country, it seemed to show how important the First United Front is. However, with the triumph of Northern Expedition, the friendship between Kuomintang and Communist Party of China fade away. Nevertheless, if we back to the beginning time of the cooperation and examine the whole background of the First United Front, the conflict of interest among Kuomintang, Communist Party of China and Communist International (or Soviet Union) has existed already. In the early of 1920 s, when Communist International emissary Maring helped Chen Duxiu and Li Dazhao to organize Communist Party of China, the Communist International already realized the Communist Party was too weak to organize the nationwide revolution in China, after the establishment of Communist Party of China, the “guide” of the Party, Maring came along with his interpreter Zhang Tailei to Guilin, the place famous for its magnificent spectacle, visited Sun Yat-Sen and discussed the cooperation between Kuomintang and Communist Party.30 However, at that moment, Sun Yat-Sen did not show a great interest in cooperating with Communist Party, he believed that Kuomintang will be success with his ideology. He even talked with Zhang Tailei, Maring’s interpreter, “Why the young people want to find the medicine (means solution to solve Chinese problem) from Marx, you can find the basic thoughts of Marxism from the Chines ancient books, don’t you?” 31 However, the reality makes Sun has to reconsider the offer from Communist International. At that time, Sun faced the following problems: the financial difficulty, the military difficulty and the orderless of the Party. It is difficult to raise money from his support, and the tax incoming also less than last year; at the same time, Chen Jiongming betrayed Kuomintang and seems cooperated with Sun’s enemy Wu Peifu. In Party’s organization, since Chen betrayed the Party, Party member lost the connection with Kuomintang.32 In the summer of 1923, when Borodin, the new emissary came to Guangzhou, and had few of long term talk with Sun Yat-Sen, 30 31 32 33 34 35 36 37 38 Kuomintang started to accept the helping of Soviet Union, especially, when Soviet Union promise the financial and military support,33 the relationship between Kuomintang and Soviet Union or Communist International became more and more close. In Communist Party of China’s side, the proposal of cooperate with Kuomintang seems to be a directive from higher position, Communist International,34 the only thing what this still young and vulnerable Party can do is perform it.35 Because of the coordination of Communist International and Soviet Union, finally, the First United Front established. However, the wish of cooperation between two parties were not generated by themselves, it is much more like a decision made by Communist International and Soviet Union, when the conflict of interest between Kuomintang and Communist Party of China more and more serious, the unbalanced cooperation will be finished easily. At the beginning, this cooperation full of conflicts, Kuomintang insisted on its Three Principles of the People and did not consider its cooperator, Communist Party as an equal partner. For Kuomintang’s side, accepted the Party member of Communist Party join Kuomintang as an individual and offered more leader position for Communist Party member were only an offer to get the support from Soviet Union, once Kuomintang strong enough, it will be the time finish this kind of cooperation and “purify” the Party. Communist Party of China was unwilling accepted the “task” to cooperate with Kuomintang as well at the first beginning, for the Communist Party of China Kuomintang’s policies were not the real Communism. The policy of Communist Party should be more radical, according to one article which wrote by Chen Duxiu, the leader of Communist Party, “The Party member of Kuomintang are mainly opportunist and bureaucrat, only Sun Yat-Sen is the real revolutionist…we just join Kuomintang temporarily…to adjusting this Party’s mistake of approaching Zhang Zuoling 36 and Japan… and the task of Communist Party is…to split up Kuomintang.” 37 It is very clearly with such kind of attitude to make the partnership with Kuomintang doomed the unhappy ending of the First United Front.38 YANG Kuisong, 孙中山与共产党──基于俄国因素的历史考察 [Sun Yat-Sen and Communist Party-A Historical Research Based on Russia], Modern Chinese History Studies, 2001, No. 3, p. 3-4. http://jds.cass.cn:8080/Jwk_jdsyj/CN/Y2001/V123/I3/1, accessed 21 October 2016. Ibid, p. 5. YANG Kuisong, 国民党的“联共”与“反共” [Kuomintang: Unity with Communists and anti‑communism], Beijing, Social Sciences Academic Press (China), 2008, p. 595-598. The Support from Soviet Union helped a lot for Kuomintang’s development, in 1923, after the Sun-Joffe Manifesto, Soviet Union gave Kuomintang 2 million Mexican Silver Coins, since then, each year Kuomintang will get millions financial support from Soviet Union, in military part, Soviet Union provide a lot of weapons to Kuomintang and helped Kuomintang to establish Republic of China Military Academy in Guangzhou, what’s more, the new Party Constitution are quite similar with Party Constitution of Soviet Union. ZHOU Zhiwen, 共产国际、国民党、共产党对第一次国共合作的认识[The Understanding of First United Front from the view of Communist International, Kuomintang and Communist Party of China], Shanghai Party History and Party Construction, 2011, No. 4, p. 13. http://www.ccphistory.org.cn/images/thumbnailimg/month_1408/201408251856451932.pdf, accessed 21 October 2016. Communist Party of China was a Party branch of Communist International. Ibid, p. 14. At the beginning, the Communist Party of China tried to refuse the proposal of cooperate with Kuomintang, however, with the interference of Communist International, Communist Party had to accepted this proposal. DING Xiaoqiang, 中共第一次国共合作的策略演变[The Changes of the Policy of the Communist Party of China During the First United Front], Modern Chinese History Studies, 1990,No. 5, p. 175, http://jds.cass.cn:8080/Jwk_jdsyj/ CN/article/downloadArticleFile.do?attachType=PDF & id=1235, accessed 21 October 2016. The biggest warlord in Northeast China. YANG Kuisong, 陈独秀与共产国际——兼谈陈独秀的“右倾”问题[Chen Duxiu and Communist International-Also on the Rightism of Chen Duxiu, Modern Chinese History Studies,1999, No.2, p. 80. However, this idea or thinking of Chen Duxiu did not get any critics from Communist International, ibid. 2/2017 Time back to 1927, the second year of Northern Expedition, Kuomintang is much stronger than the beginning time of the cooperation, Communist Party of China had a great development not only in Party member but also in practice. In March 1927, the National Revolutionary Army came to Shanghai and Nanjing, and tried to control these two big and very important cities. The expedition went well, which got a strong support by the masses.39 In Shanghai, the Communist Party organized a few “uprising” with Workers’ Inspections Corps and work, these gunmen caused a big chaos in the city, at the same time, thousands workers had a strike and came out for a demonstration.40 In Nanjing, the quite similar events happened as well, even worse.41 In Chiang’s opinion, this is Communist Party tried to control these very important city, and made such a chaos in cities will harm the Northern Expedition, he decided to finish this circus and punish Communist Party.42 All in all, the main reason of breakup between Kuomintang and Communist Party of China is there existed fundamentally conflict of interest between these two parties, and this whole cooperation is more likely the parents asked their kids must live together, however, with the passage of time, more and more differences appearance, the brotherhood finally will end with unhappiness. 2. Communist-Controlled China and Chinese Soviet Republic 2.1 State within a State: Communist-Controlled China After the brutal massacre in 1927, Communist Party of China realized the important of army and started to establish its own controlled territory.43 From the middle of 1927 to the end of 1937, the beginning of the Second United Front, Communist Party of China had a lot of experiences on revolution 39 40 41 42 43 44 45 46 47 48 and organized peasant movements.44 The Party not only had its own controlled territory, but also became a mature Party. From the failure of the Frist United Front to the establishment of Chinese Soviet Republic, Communist Party of China had different ways to resist Kuomintang’s betray, Qu Qiubai and other Communist leaders organized a few uprisings in different cities, however, these uprising end up with failures.45 These failures caused Communist Party to find another way to survive, in Hunan, the future People’s Republic’s leader, Mao Zedong had a very rich experiences to deal with peasants in the rural area, after the failure of Autumn Harvest Uprising, Mao Zedong with his army came to Jinggang Mountains, and tried to establish a rural soviet here.46 The rural soviet policy was confirmed as a useful method at that time and more and more rural soviet or so called communist-controlled China established. The most territory of communist-controlled China was in Southern China, and the most important territory of Communist Party of China was Jiangxi-Fujian Soviet.47 However, at the beginning, because of the Soviet influence, Communist Party of China still payed more attention on the city, the leadership was in the city, and it seems that the communist in the city is a superior to the rural soviet.48 The success of communism revolution should depend on proletariat not the peasant, just like its big brother, Soviet Union. Kuomintang will not let its enemy had any chance of breathing space, in 1928, Nanjing Nationalist government started to draw a new criminal code, and it is also included a criminal special law on the Communist Party issue. Tan yankai supervised the drafting of this special law. The so called Provisional Counter-Revolution Penalty Regulation was published on 9 March 1928. In this regulation, it employed an extremely harsh punishment, for example, in this regulation, it stipulated that anyone who Attempt to subvert the nationalist government or FAIRBANK John King (ed.), The Cambridge History of China, Vol. 12, Republican China, 1912‑1949, Part 1, Cambridge, Cambridge University Press, 1983, p. 614-620. Ibid. In Nanjing, the chaos caused lots of people died or got injury. According to some Japanese report, this chaos was caused by Communist Party members. It should be noticed that this kind of reason is only from Kuomintang’s side, in Communist Party’s side, because Chiang became the spokesman of high bourgeoisie, he is not revolutionary anymore. In 7th August 1927, in order to response Kuomintang’s counter revolution, there was a meeting held in Wuhan, Hubei province, Mao Zedong mentioned that “Political power grows out of the barrel of a gun”, it was considered as the Communist Party started to focus on its own military construction. SHU Shaoze, 共产国际指导下召开的八七会议—谨以此文纪念八七会议召开90周年[August 7th Meeting Was Held under the Guidance of the Communist International—In Commemoration of the 90th Anniversary of August 7th Meeting], Advances in Social Sciences, 2016, No. 5, p. 255, http:// image.hanspub.org:8080/pdf/ASS20160200000_38157537.pdf, accessed 23 October 2016, see also the official website of New of Communist Party of China, http://cpc.people.com.cn/GB/64162/64170/4467398.html, accessed 23 October 2016. FAIRBANK John King (ed.), The Cambridge History of China, Vol. 13, Republican China, 1912‑1949, Part 2, Cambridge, Cambridge University Press, 1986, p. 168. The Communist Party organized a few of uprisings in Nanchang, Guangzhou and Wuhan, on 1 August of 1927, there was a uprising happened in Nanchang, although, it was failed, it is considered as the beginning of Communist Party of China started to had its own army, therefore when the People’s Republic of China established, the first of August was celebrated as Army Day until now. Ibid, p. 183, 185. Mao Zedong had a lot of experience with peasants, he grown up in a small village in Shao Shan, Hunan province, not like his fellows during the First United Front, he spend his most time in rural area, and spread communism in rural area. The reason why chose Jinggang Mountains, according to Sun Jiang’s article, this area are far away to political center between Hunan and Jiangxi, and most farming lands are controlled by the landlord. And it will be easy to perform land reform in this area. SUN Jiang, 革命，土匪与地域社会---井冈山的星星之火[Revolution, Bandit and region community-A single spark of Jinggang Mountains], Twenty‑First Century, 2003, No. 12, p. 46. http://www.cuhk.edu.hk/ics/21c/media/articles/c080-200209069.pdf, accessed 25 October 2016. At that time, there were around 15 Communist controlled Soviet existed in China, and most of them were located in rural area. Ibid, p. 170, 175. Ibid, p. 188. 91 J  E H  L 92 Kuomintang shall be sentence to death. Three Principles of the People was also considered as the fundamental in this country, anyone who want to break this principle and had an uprising shall also be sentence to death. Even there was an article regulated that the activists in the organization or gathering with a counter-revolution goal shall be sentence to imprisonment, and the organization or gathering shall be disbanded.49 What’s more, there are a few of Decisions also made by the nationalist government, it even had collective punishment.50 Because of Kuomintang’s harsh punishment and predominate military power, the exercise of Communist Party in the city at a low ebb, Communist Party members had more chances to practice their theory in rural area. In Jinggang Mountains, Mao Zedong and his army struggled to survive, Mao tried to make his own base in this area and he needed the support from the peasants. As mentioned previously, in Jinggang Mountains, most of farming lands were owned by the landlord, peasants had a miserable life here. When Mao came to this area, he started the land reform policy in Jinggang Mountains, it was very popular among the poor peasants, more and more poor people joined Mao’s army, and finally, Mao and his army had their “home”.51 In order to make the land reform legitimate, Land law was published in different rural soviets.52 It helped Communist Party to establish its own controlled area, and communism became popular among the peasants, more and more poor peasants send their son joined Communist army. In the very early of 1929, Mao Zedong, Zhu De and around 3600 soldiers left Jinggang Mountains, they went to Southern Jiangxi, and tried to establish new rural soviet in Gan Nan. After the hard fight with Kuomintang’s army, Mao Zedong and 49 50 51 52 53 54 55 56 57 58 59 his army had a new home in south party of Jiangxi Province. In the same year, Mao and his fellows decided to had a new rural soviet in the west party of Fujian province, since there is much more rich and had a good mass basis, after nearly one year’s fight with Kuomintang, Jiangxi-Fujian Soviet finally established 53 and it became the largest component territory of the Chinese Soviet Republic soon. 2.2 The Chinese Soviet Republic and its Constitution In the very beginning of 1930 s, the Communist Party controlled pretty much territories in rural area,54 and had 15 rural soviets, there were more than 100000 Chinese joined the Red Army, however, there was not a central government ruled the communist controlled China.55 Since the strong influence among mass and its territory, Jiangxi-Fujian Soviet had considered as the central of rural soviets in China. In order to ensure the legality of these rural soviet and had a guideline of revolution for the future, in 1931, Communist Party of China decided to establish Chinese Soviet Republic and published the Constitution of Chinese Soviet Republic.56 Finally, from 7th November to 20th November 1931, the First National Congress of the Chinese Soviet held in Rui Jin, a small town in Jiangxi, there were 610 deputies attended this meeting, and passed Constitution of Chinese Soviet Republic, Land Law and Labor Law.57 After the election, Mao Zedong was elected as the leader in the new government.58 Constitution of Chinese Soviet Republic was considered as the first Communist Constitution in China, however, it had a strong influence from Constitution of Soviet Union in 1918.59 Although the Constitution had an amendment after YANG Kuisong, 国民党的“联共”与“反共” [Kuomintang: Unity with Communists and anti‑communism], Beijing, Social Sciences Academic Press (China), 2008, p. 266. In the Decision on prevention of Communist Party, it regulated the punishment to the so called ineffective Kuomintang Party member and branch. Ibid, p. 267. At the beginning of the Jinggang Mountains Soviet, Mao told his army, “We are doing the revolution… should have a home, otherwise it will be very difficult…When the enemy does not come, we can train our soldier, and mobilize the masses, when the enemy comes, we can fight with them and rely on this home…” See FAIRBANK John King (ed.), The Cambridge History of China, Vol. 13, Republican China, 1912‑1949, Part 2, Cambridge, Cambridge University Press, 1986, p. 189. Depends on the different social class in rural, the Communist Party regulated different policy. Generally, for the poor peasants, Party will give them amount of land, for the middle peasants (not rich, but not poor), Party will protect their interest, for rich peasants, at the beginning, Party also protect their right, however, with the develop of land reform, rich peasants’ interest was violated, for the landlord, since it is the opposite of the land reform, so their rights were totally violated in most of time. Ibid, p. 191-193. GUO Dehong, 土地改革史若干问题论纲[Outline of the Problems of Land Reform], Modern Chinese History Studies, 1987, No. 3, p. 64-73. http://103.247.176.145:8080/Jwk_jdsyj/CN/abstract/abstract738.shtml, accessed 25 October 2016. The official website of News of Communist Party of China, Nine Open up Jiang xi-Fujian Soviet, http://cpc.people.com.cn/GB/69112/70190/70192/7 0270/4764000.html, accessed 26 October 2016. The rural soviet existed among more than 10 provinces and around 300 counties. CHEN Yishan, 中国人民当家作主的第一部根本大法——试析《中华苏 维埃共和国宪法大纲》 [The First Fundamental Law of Chinese People in Charge-Analysis Constitution of Chinese Soviet Republic], Journal of Xin Jiang Normal University (Social Science Edition), 1982, No. 2, p. 11. Ibid. In 1930, the Central Committee of the Communist Party of China had the decision to establish a central government in rural soviet, however, because of the interference of Kuomintang and the inconvenient transportation, the date of establish of soviet public had changed for several times. Ibid. These are the most important laws at that time, Land Law will legality the land reform in rural soviets, Labor Law was designed to protect the worker’s right. CHEN Yishan, 中国人民当家作主的第一部根本大法——试析《中华苏维埃共和国宪法大纲》 [The First Fundamental Law of Chinese People in ChargeAnalysis Constitution of Chinese Soviet Republic], Journal of Xin Jiang Normal University (Social Science Edition), 1982, No. 2, p. 12. Ibid, p. 10, see also SUN Yangbo, TIAN Donglei, 试论1918年苏俄宪法对中国苏区法律的影响 [On the Influence of Constitution of Soviet Union in 1918 to the Law in Chinese Soviet], Journal of Inner Mongolia Agriculture University (Social Science Edition), 2007, No.1, p. 318, see LIU Chunping, 苏 联宪法学说对中国宪法学说影响的历时性审视 [Diachronic Analysis of the Influence of the Theory of Constitution in Soviet Union on the Theory of Constitution of China], Academic Journal of Russian Studies, 2011, No. 4, p. 46-47. 2/2017 the Second National Congress of the Chinese Soviet, however the main idea was not changed.60 The Constitution was consisted of preamble and 17 Articles, it stipulated the form of state, basic political system, the task of government and the right and duty of people.61 In the following paper, the author will introduce the Constitution of Chinese Soviet Republic according the four parts which mentioned above. 2.2.1 The Form of State The form of state is the basic question in each country, because of the strong influence of Soviet Union and the characteristics of communist state, Constitution of Chinese Soviet Republic stated its form of state in Article 2, “what the Chinese Soviet Republic set up is a state which based on the democratic dictatorship of the workers and peasants. All power of the Soviet regime shall belong to the workers, peasants, Red Army soldiers and the entire toiling population…” 62 It declared Chinese Soviet Republic is a democratic dictatorship country, workers and peasants were the leader in this new country. It should be noticed that in Constitution of Soviet Union in 1918, the Article 1 stated that “Russia is declared to be a republic of the Soviets of Workers’, Soldiers’, and Peasants’ Deputies. All the central and local power belongs to these soviets.” 63 Both of Constitutions ensured the leadership of workers, peasants and soldiers in the country. 2.2.2 Basic Political System Generally speaking, the system of basic political system in Chinese Soviet Union copied the political system which stated in Soviet Union’s Constitution.64 In Article 3, it stipulated that “The highest organ in Chinese Soviet Republic is National Congress of Chinese Soviet, when the National Congress is not in session, the highest organ shall be the Provisional Central Executive Committee of National Soviet, the Central Executive Committee shall appoint a Council of People’s Commissars, which shall conduct all governmental affairs, and promulgate orders and resolutions.” 65 60 61 62 63 64 65 66 67 in this Article, it regulated how the new state works in the political field, and from National Congress of Chinese Soviet to National People’s Congress of People’s Republic of China, it also showed the historical influence of Constitution of Chinese Soviet Republic.66 2.2.3 The Task of Government Since the Chinese Soviet Republic is only a regional regime, the Constitution not only included ensured power of government and people’s rights and duties, but also declared the task of the government. It is a guideline for this new state. Article 1 of Constitution of Chinse Soviet Republic set up the task of government, “The task of the Constitution of the Chinese Soviet Republic is guarantee the democratic dictatorship of the proletariat and peasantry in the Soviet districts, and to secure the triumph of the dictatorship throughout the whole of China. It shall be the aim of this dictatorship to destroy all feudal remnants, eliminate the influence of the imperialist powers in China, to unite China, to limit systematically the development of capitalism, to carry out economic reconstruction of the state, to promote the class-consciousness and solidarity of the proletariat, and to rally to its banner the broad masses of poor peasants and the consolidated alliance with middle peasants in order to effect the transition to the dictatorship of the proletariat.” 67 This Article implies the real situation of China in 1930 s, the whole country was not unified, imperialist power still had a great influence in China and this country is not independent in its foreign policy and economics, the most population, peasants still lived in a very bad condition. The democratic dictatorship indicated the form of state in this new regime. This task is realistic, and Communist Party of China followed this road, realized the triumph of communism in whole of China. 2.3.4 The Right and Duty of People The Constitution of Chinese Soviet Republic also stipulated the rights and duties of people. However, according to the Article 2 that following groups were not included in the concept of “people”, even they lived in Chinese Soviet Republic. There were several places changed, and the most important change was “the consolidated alliance with middle peasants” in the first Article. CHEN Yishan, 中国人民当家作主的第一部根本大法——试析《中华苏维埃共和国宪法大纲》 [The First Fundamental Law of Chinese People in Charge-Analysis Constitution of Chinese Soviet Republic], Journal of Xin Jiang Normal University (Social Science Edition), 1982, No. 2, p. 12. The full version of Constitution of Chinese Soviet Republic is published in the official website of News of Communist Party of China, http://cpc.people.com.cn/ GB/64184/64186/66640/4489884.html, accessed 27 October 2016. Ibid. however, it should be noticed that not everyone who lived in Soviet Republic will have the people’s right and duty, for example, landlord and sometimes rich peasant will be considered as the enemy of Soviet Republic, therefore they will not have these right and duty which stated in the Constitution. Constitution of Chinese Soviet Republic, passed by the Second National Congress of Chinese Soviet. See the official website of News of Communist Party of China, http://cpc.people.com.cn/GB/64184/64186/66640/4489884.html, accessed 27 October 2016. Constitution of Soviet Union in 1918, full version is available at https://www.marxists.org/history/ussr/government/constitution/1918/article1.htm, accessed 28 October 2016. See also LIU Chunping, 苏联宪法学说对中国宪法学说影响的历时性审视 [Diachronic Analysis of the Influence of the Theory of Constitution in Soviet Union on the Theory of Constitution of China], Academic Journal of Russian Studies, 2011, No. 4, p. 47. Ibid. Not only the Constitution of Soviet Union in 1918 had the similar regulation, but also the similar regulated was stated in Constitution of Soviet Union in 1924. Ibid 64. XU Jing, 论《中华苏维埃共和国宪法大纲》的历史影响 [On the Historical Influence of Constitution of Chinese Soviet Republic], Social Sciences in Guizhou, 2005, No. 6, p. 151. Ibid 64. 93 J  E H  L 94 These groups were deprived the political rights. “militarists, bureaucrats, landlords, the gentry, capitalist and monks—all exploiting and counter-revolutionary elements—shall be deprived of the right to elect deputies to participate in the government and to enjoy political freedom”.68 It is clearly that the new regime still not mature enough, the deprivation of political rights violated these groups fundamental rights. Not only Article 2, but also Article 4,5,6,9,10,11,12,13,14 declared people’s rights and duties. According to these regulations, people lived in Chinese Soviet Republic without distinction of sex, religion, or nationality shall enjoy the freedom of speech, publishing, assembly and association, people who older than 16 years old shall enjoy the suffrage, everyone shall enjoy the free education and freedom of marriage and religions, also people have the right and duty of working and military service.69 It should be noticed that in Article 14, it mentioned that “The Soviet government of China recognizes the right of selfdetermination of the national minorities in China”, it was not fit the situation of China, because of the strong influence of Soviet Union’s Constitution, the most regulation of People’s rights and duties was a copy of Constitution of Soviet Union, included Article 14.70 From the birth of Communist Party of China in 1921 to the establishment of Chinese Soviet Republic in 1931, Communist Party spent 10 years to exploring its own path, the rich experiences of rural soviet helped Communist Party of China from weak to strong, from a regional regime to the ruler of whole of China. It is the triumph of mass line, thanks to sacrifice of proletariats and peasants, Communist Party of China established the People’s Republic of China in 1949. 3. The Birth of Hungarian Communist Party In Hungary, the Communist Party of Hungary was established after the First World War, and the Party had the chance to exercise its methodology soon, even the Party just establish in four months.71 In this part, the author will mainly deal with two questions: the first one is the formation or birth of Communist Party of Hungary, the second one is the establishment of Hungarian 68 69 70 71 72 73 74 75 76 Soviet Republic and its Constitution, especially how Soviet Union’s Constitution’s influence on this Constitution. 3.1 The Birth of Communist Party of Hungary 3.1.1 The Socialism in Hungary before First World War The History of socialism in Hungary is much longer than the history of Communist Party of Hungary. In 1860 s, when Karl Marx dedicated to spreading his Socialism or so called Marxism in Europe, as one part of Austro-Hungarian Monarchy, Hungary received numerous thoughts and books of Socialism and founded its first political group which mainly consisted of Budapest proletariat, the General Workers’ Association on 23 February 1868.72 Since 1867, the Austria and Hungary signed the Compromise between these two major nationalities in this land, so called Austro-Hungarian Monarchy had established, and it helped a lot to develop the economics in Hungarian part. The industrialization happened in Hungary, more and more factories was built after the Compromise, especially in the big city, such as Budapest. A lot of poor peasants left their hometown and came to big cities for make a living as well. According to the Hungarian statistics, there were only 28000 workers who worked in a factory. However, during 40 years, the number of factory workers rose 10 times.73 The Socialist group leading the working class mainly in Budapest had five failure attempts to forming a socialist Party in Hungary from 1869 to 1890. During the early exercises of these socialist activists tried to achieve such goals: had a general suffrage to each person in Hungary, and elected the working class representative in the parliament. However, the crucial reality destroyed these socialists’ dream.74 In the end of 19 century, there was a new trend of socialist activities. With the industrialization in Hungary, there were more and more educated scholars and middle-class existed in the big cities in Hungary, they asked more and more legal recognition from the Monarchy to ensure their rights.75 Just like there was a socialist journal which called New Youth in China,76 there was also had a journal in Hungary which spread socialism among young students and scholars. With the help of his rich friends, Jaszi launched a monthly journal, Ibid 64. Ibid 64, see also CHEN Yishan, 中国人民当家作主的第一部根本大法——试析《中华苏维埃共和国宪法大纲》 [The First Fundamental Law of Chinese People in Charge-Analysis Constitution of Chinese Soviet Republic], Journal of Xin Jiang Normal University (Social Science Edition), 1982, No. 2, p. 13 Ibid, see also LIU Chunping, 苏联宪法学说对中国宪法学说影响的历时性审视 [Diachronic Analysis of the Influence of the Theory of Constitution in Soviet Union on the Theory of Constitution of China], Academic Journal of Russian Studies, 2011, No. 4, p. 47-48. The Communist Party of Hungary established in November of 1918, the leader of the Party Bela Kun and his former prisoned friends accepted the Marxism-Leninism in Russia war prison camps. TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, Preface, vii and p. 49. Ibid, p. 1. See also MEVIUS Martin, Agents of Moscow: The Hungarian Communist Party and the Origins of Socialist Patriotism 1941‑1953, Oxford, Clarendon Press, 2005, p. 11. GYULA Rezler, The Formation of the Industrial Working Class in Hungary: A lesson in Social Dynamics, Review of Sociology, Vol. 7, 2001, p. 103-104. http://www.akademiai.com/doi/pdf/10.1556/RevSoc.7.2001. 1. 8, accessed 18 November 2016. TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 2. Ibid, p. 16. New Youth or so called La Jeunesse was the most important journal in the early of 20 Century, it spread socialism among the scholars and young students, the chief editor, Chen Duxiu was one of the leaders of Communist Party of China during its early period. 2/2017 Huszadik Szazad (Twentieth Century) in Hungary on 1 January 1900. And after a few years running, this journal became one of the most important academic publications in Hungary, since its prestigious subscribers.77 During the wartime, since the war request many weapons and supplements in the whole Monarchy, much more workers were needed at that time, however, the workers’ condition was much worse than it used to be, according to the War Requirement Acts, almost all the industrial enterprises were controlled by the government in the spring of 1915.78 With the prolong of the war, the living standard of working class in cities was getting worse, the daily needs shortage was more and more severely. Numerous people, especially working class became dissatisfied with the government, counter-government activists and antiwar program were organized by the socialist group.79 3.1.2 Bela Kun and the Birth of Communist Party of Hungary Bela Kun was the definitely leader in the early period of Communist Party of Hungary. He and his comrades established the Communist Party in Hungary in 1918, in the next year, his Party had the chance to build a Soviet Republic and exercised some socialist policies, even though this Soviet Republic had only 113 days “life”. Bela Kun was born in a small village in Transylvania (now one part of Romania) in 1886. In his early year worked as a journalist in Romanian and joined the socialist party, Hungarian Social Democratic Party in his 16 years old.80 Because of the First World War was breakout in 1914, Bela Kun joined the army and fought for Austro-Hungarian Monarchy, however during the war time Bela Kun was captured by Russian army, and sent to a war prison camp in Tomsk. In the camp, Bela Kun not only was forced to work, but also tried to form a socialist group with his socialist comrades as well.81 In the prisoned period, Bela Kun and his comrades accepted the new trend of Russian Revolution. They became Bolshevik Party’s member in 1917, and even had the privilege to live outside of prison camp.82 77 78 79 80 81 82 83 84 85 86 87 88 89 Before Bela Kun and his Bolshevik fellows came back to Hungary and established the Communist Party of Hungary in 1918. In the same year of March, Bela Kun organized Hungarian Group of the Communist Party of Russia in Moscow.83 Almost at the same time, the socialist war prisoner joined the Bolshevik happened in other parts of war prison camp in Russia.84 More and more former Hungarian soldiers accepted the new Socialism trend, Bolshevism or Leninism and got the inspiration from Russian Revolution, even took part in the Revolution.85 Since Kun’s mainly contribution in the establishment of Communist Party of Hungary and his leadership in the Hungarian Soviet Republic, let’s focus on Kun’s activities in Tomsk, the place which he was prisoned. After the breakout of Russian Revolution, Kun seemed found a new method to save his own country, and became a Bolshevism. Because of his journalist career in Austro-Hungarian Monarchy, he got a chance to publish his thought in local newspaper, in his first article, he showed us his ideology change, “I too absorbed the air of the West, Where the great idea of social democracy were born. Now, in the light of the new Great Russian Revolution, I understand: Ex oriente lux.” 86 Because of his article and his willing to learn more Bolshevism, Bela Kun became one of the leaders in the war prison camp, even in the Hungarian Group of the Communist (Bolshevik) Party of Russia. What’s more, he also fought for the new but weak regime.87 Because of Bela Kun’s article and his talent, Kun got a chance to meet the leader of Communist Party of Russia, Lenin in Petrograd in December 1917. In the period of Petrograd, Bela Kun had lots of chances to serve this new country. He became an editor for Hungarian version International Socialist, a Russian political publication, even had the chance to join the Brest-Litovsk program.88 During Kun’s serving time in Petrograd, he not only made a friendship with the leaders of Communist Party of Russia, but also tried to form a Hungarian communist group in Russia. After his hardworking, a Hungarian communist group was organized in Moscow, and Bela Kun was elected as the chairman in this Group because of his reputation.89 TOKES Rudolf L, Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 17. Ibid, p. 26-27, see also http://encyclopedia.1914-1918-online.net/article/labour_labour_movements_trade_unions_and_strikes_austria-hungary, accessed 17 November 2016. Ibid. Hungarian Social Democratic Party was the established in 1889, and the mainly socialist party at that time as well. See BUGAJSKI Janusz, Political Parties of Eastern Europe: A Guide to Politics in the Post‑communist Era, New York and London, M. E. Sharpe, Inc., 2002, p. 351. See also TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 6, 53-54. In this study group, these socialist war prisoners not only translated some German origin Marxism books, but also had Russian language learning class. Ibid, p. 54-55, see also http://encyclopedia.1914-1918-online.net/article/kun_bela, accessed 18 November 2016. Ibid GAN Sijing, GONG Kunyu and LI Hongchen Translated, 匈牙利史 [The History of Hungary], Original Version is, Magyarország története, wrote by Unger Mátyás, Szabolcs Ottó, Harbin, Heilongjiang People’s Publishing, 1982, p. 284. TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 56-57. Ibid, p. 60. This article was published at “ A Hungarian Social Democrat on the Russian Revolution”, Novaia Zhizn(Tomsk), April 22 1917, cited in ibid p. 58. See http://encyclopedia.1914-1918-online.net/article/kun_bela, accessed 18 November 2016. TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 61-62. Ibid, p. 68. 95 J  E H  L 96 At that time, in Russian’s so called “Prisoner of war graduates of the October Revolution” program, there were around 25 % “graduates” were Hungarian, owing to this reason, the reputable Kun was named as the first president of Federation of Foreign Groups.90 Bela Kun became the definitely leader of communist group among the Hungarian in Russia. After the Brest-Litovsk agreement, Russia, the new socialist country finally had a time to have a breath, and even think about spread the revolution in other countries. Hungary was one of the most possible countries to have a socialist revolution at that time. In Richard Lowenthal’s article, because of the develop level of economy and political structure of Hungary, even Germany and Italy lost the First World War as well, Hungary was still the most possible place to outbreak a socialist revolution.91 Under this situation, Bela Kun and his Bolshevism Comrades were been sent back to Hungary by the Communist Party of Russia and started to practice socialism revolution in Hungary.92 When they came back to Budapest in 1918, the most important task was established a Hungarian Communist Party. At that time, in Hungary, since the failure of First World War, the Austro-Hungarian Monarchy became much weaker state, more and more former nationalities in this country started to established their own states, the territory of Monarchy has Shrunk, the great power was not had the enough military strength to control the whole country, depression among these pessimistic Hungarians.93 On 1 November, the king for the Monarchy had to appoint Mihaly Karolyi to form the new cabinet. Soon, the Monarchy had to split and Hungary had the power to entitle its own sovereignty.94 However, the Karolyi cabinet could not control the whole situation in Hungary. This new country retained in a chaos situation. In November 1918, the Communist Party of Hungary was established under such kind of condition in Budapest. Bela Kun was definitely the leader of the Party. After the establishment, the new Party started to perform its own revolutionary program which was guided by the experienced Bolshevism Bela Kun.95 4. The Hungarian Soviet Republic and its Constitution The Hungarian Soviet Republic only lasted for 113 days. It is short period in the history of Hungary. However it is also very important chapter not only in Hungarian history but also 90 Ibid, in the history of Communist development. It was widely considered as the second earliest soviet republic in the world.96 4.1 The First Hungarian Republic Since Austro-Hungarian Monarchy lost the First World War, it deeply damaged the sovereignty of this great power, the old political order obviously failed to control its territory and the nationalities which lived in. Hungary established its own government in 1918, Mihaly Karolyi became the first Prime Minister of Hungary, during his governing, the Parliament of Hungary could be divided into three parts: Karolyi’s political group, Jaszi’s Radical Bourgeois Party and the socialist party, Hungarian Social Democratic Party.97 Even though, the supporting Karolyi’s group in Parliament was stronger than the socialist party, however, the socialist party apparently had much more experiences on the term of connecting with common people, especially in the rural area. In November of 1918, only one month later Karolyi was appointed as Prime Minister in Hungary by King Karl IV, Hungarian decided to finish the Compromise relation with Austria, also got rid of their Austro-Hungarian King as well, under such kind of condition, there was an Aster Revolution breakout in Hungary. After the Revolution, King Karl IV had to make a statement and separate the Monarchy, therefore the First Hungarian Republic was appeared. Karolyi, the widely-respected Politician was elected as the first President in the Republic. Dénes Berinkey was appointed as the Prime Minister in this youth Republic.98 Nevertheless, the First Hungarian Republic existed only four and half month, after Berinkey’s two-months service for this new Republic, the Social Democratic Party gained the power in the Parliament.99 In early March of 1919, the left wing in the socialist Party seized the power. However, it would not make any change for Hungary’s international relationship, soon the Vix-memorandum caused a dramatic change in Hungary.100 4.2 The Birth of Hungarian Soviet Republic After the First World War, Hungary, as part of the Central Powers which lost the war, conversely, China, as one part of the Allied Powers which won the war. However, during the Paris Peace Conference both countries lose it, and it made a dramatic change both in China and Hungary as well. p. 71. 91 LOWENTHAL Richard, ’The Hungary Soviet and International Communism’ in Andrew C. Janos, William B. Slottman (ed.), Revolution in Perspective: Essays on the Hungarian Soviet Republic of 1919 (Russian & East European Study), Berkeley, University of California Press, 1971, p. 174-175. 92 TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 72-73. 93 LOW Alfred D., The Soviet Hungarian Republic and The Paris Peace Conference, Philadelphia, American Philosophical Society, 1963, p. 6-17. 94 TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 83. 95 Ibid, p. 93. 96 https://theorangefiles.hu/the-hungarian-soviet-republic/, accessed 20 November 2016. 97 TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 85-86. 98 https://theorangefiles.hu/the-first-hungarian-republic/, accessed 20 November 2016. 99 HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 11. 100 Ibid, p. 9. 2/2017 In Hungary, because of the Paris Peace Conference, Hungary should give quite a lot its territory to the Allied Powers, on 20 March 1919, when Lieutenant send his famous Vix-memorandum to President Karolyi, and request First Hungarian Republic to give away its territory of West Transylvania and one part of the Great Hungarian Palin,101 when the memorandum published, the national pride was seriously hurt among Hungarian, most of them hope their government will do something to change this situation, some of them even want to change this government. The leadership of First Hungarian Republic government also felt the pressure from people, they asked the mainly political Groups in Hungary, and wondering whether any Party could take the responsibility to deal with Vix-memorandum or not. The right wing in the Parliament refused to take the responsibility, and after a long time discussion in the leaderships of Social Democratic Party, the Social Democratic Party announced their decision, they are willing to form a new government and take the responsibility to the whole country, meanwhile, they addressed their coming plan, to have a cooperation with the Communist Party.102 Nevertheless, the Communist Party of Hungary was under the suppression by First Hungarian Republic, as we known, when Bela Kun and his comrades found Communist Party of Hungary, this new Party started its political plan, to spread Communism and socialist revolution in this country. However during a march on 20 February 1919, the angrily working class had a big conflict with the policemen, sooner it became a riot, four policemen even died in the riot, the government decided to show their strong willing in the public, the organizer of this march, Communist Party of Hungary obviously in the list, policemen came to the headquarter of Communist Party of Hungary and researched its documents, the party’s propaganda leaflets and the official newspaper of Communist Party, Vörös Ujság (the Red Newspaper), were became the evidences of their violently counter-government position. There were 68 Communist Party member arrested by policeman and had a trial, it including the leader of the Communist Party, Bela Kun.103 Although, the Social Democratic Party had some unhappy experiences with Communist Party,104 this socialist Party real- 101 Ibid. ized that the bourgeois dictatorship of the present government was unfavorable among the masses, the idea of forming a proletariat dictatorship government came to the leaders of Social Democratic Party, the cooperation between Social Democratic Party and Communist Party of Hungary sooner realized. After the a discussion between the leadership in two Party in the same day night, the most important decision was made by both of them, Hungary will follow Russian’s form of government,105 a new Soviet Republic born in Hungary. Therefore, on 21 March 1919 the government decided to hand over its power and Social Democratic Party shared its power with Communist Party of Hungary.106 Also the First Hungarian Republic changed its Form of State to Soviet Republic.107 For Communist Party, it was also an almost unbelievable experience, just one month ago, this Party was suffered by the suppression by the government, Bela Kun and other leader in the Party had to stay in the prison. Nevertheless, the political victim became the ruler in the country, the former prisoner became the leadership in the new government.108 This bloodless dramatic change in Hungry offered a ruling position to the Communist Party of Hungary, the Party had a chance to practice its communist policy in a very short period. 4.3 The Legal Exercises of Hungarian Soviet Republic and its Constitution Even though the Hungarian Soviet Republic was considered as the second Soviet Republic in the world, there were not too much Soviet Legal tradition or system could use for reference. In Peter Apor’s Article, he cited the saying from Laszlo Reti, the director of the Institute for Party History, “The Hungarian Soviet Republic ‘created what our people’s democracy, which also has the function of the dictatorship of the proletariat…,” 109 Soviet Russia, as the only successful Soviet Republic in the world, therefore became the only model to follow. The leadership of Hungarian Soviet Republic also had the same consideration, in Laszlo’s following argument, he stated, “The Soviet Republic, which was the Third Hungarian Republic, held the Russian Soviet State up as its model.” 110 When the new government established, they send a report to Lenin, the leader of See also https://theorangefiles.hu/the-first-hungarian-republic/, accessed 20 November 2016. p. 15-16. 103 TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 122. 104 For example, the riot on 20 February was happened in front of the office of Nepszava, the official newspaper of Social Democratic Party, because of the fear of violence, socialists called the policemen and asked for protecting. Then the riot happened. Ibid, p. 122. 105 Take an example, there will no Minister in the new government, commissar will in charge, also the new government had a new name “the Revolutionary Governing Council”. HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 17. 106 Two parties signed a “Unity” document in March 1919, and a new Party came out, the Hungarian Socialist Party. Ibid, p. 146. See also MOLNAR Miklos, A Short History of the Hungarian Communist Party, Boulder, Colorado, Westview Press, 1978, p. 10. 107 HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 11-22. 108 TOKES Rudolf L., Bela Kun and the Hungarian Soviet Republic: the Origins and Role of the Communist Party of Hungary in the Revolutions of 1918‑1919, Stanford, California, The Hoover Institution on War, Revolution and Peace, Stanford University, 1967, p. 123. 109 APOR Peter, Praefiguratio: Exemplary History and Temporal Order in the Thirtieth Anniversary of the First Hungarian Soviet Republic of 1919, Politics, Religion & Ideology, Vol. 12, 2011, p. 129. 110 Ibid. 102 Ibid, 97 J  E H  L 98 Soviet Russia and Communist Party of Russia, in the report, these Hungarian rulers showed their respects to Russia and expressed their willing, follow Russian Soviet model.111 Also, the Hungarian Soviet Republic only existed in 133 days, there was not too many peaceful time for the new Soviet Republic to practice its governing in legal field, like the Chinese Soviet Republic, the Hungarian Soviet Republic do not passed too many new laws in that period, in most time, the new Soviet Republic was busying to fight with his enemy, not only from abroad, but also in the country.112 Under such condition, the legal exercises in Hungarian Soviet Republic had a strong influenced by Soviet Russia. The most administration was published as decree. Lenin’s State and Revolution was considered as the directives or ruling principles in Hungary, not only the economic side, but also in the legal practice.113 The short ruling period and the obstacles and hostility from neighboring countries and Szeged deemed there was not too many chances left to exercise Soviet legal practices in Hungary.114 Therefore, the most legal documents which published by the government were related to improve the living standards and working conditions among the city working class and poor peasants in the rural area. During the ruling of Hungarian Soviet Republic, the Governing Council passed the some basic rules which related to the agrarian policy and nationalization the private estates.115 In rural area, like later in Chinese Soviet Republic, the widely land reform just happened. Before Hungary became a Soviet Republic, the Land Reform Law had passed in February 1919,116 during the land reform, the landlord lost their lands and poor peasants had their own land.117 In city, the working class also had the chance to improve their working conditions. The eighthour-day policy was introduced by decree.118 The workers also enjoyed their higher payment, on April 17 1919, the government published a regulation on general wages, workers had a better paying.119 111 LOW After the First Congress of the Hungarian Socialist Party in June, the First Congress of Hungarian Soviets held in 16 June. In this Congress, the representatives not only discussed the economic situation, foreign policy and military situation, but also formed and passed the Constitution of Hungarian Soviet Republic,120 it was the first Soviet Constitution in Hungary, and had a strong influence by Soviet Russia as well. The Constitution of Hungarian Soviet Republic was consisted of seven Chapters and 89 Articles in total. According to the regulation, the Constitution had following Chapters: 1. Principles of the constitution of the Hungarian Soviet Republic; 2. The rights and duties of workers in Hungarian Soviet Republic; 3. The organization of central soviet; 4. The organization of local soviet; 5. the suffrage; 6. The budgetary law and the last one, 7. The rights of nationalities in Hungarian Soviet Republic.121 The Constitution stipulated the most important principles in the first Chapter, it stated that the proletariat dictatorship in the country, and make a new socialist order and ensured the ruling position of worker, solider and peasant. What’s more it also declared its foreign policy.122 Also, the Constitution ensured the suffrage among the masses, most people had the right to vote, however, there were several groups whose suffrage were deprived.123 Since the proletariat dictatorship, the Constitution also had some special protection on workers, for instance, the Constitution stipulated that “The State will maintain those unable to work, and such as want to work but for whom no work can be provided.” 124 The new Constitution was modeled after Soviet Union’s Constitution, it broke the Hungarian Constitution tradition, however since the Soviet Republic’s “life” was too short, its Constitution did not put into enforced.125 5. Conclusion: A Single Spark Can Start a Prairie Fire Although the first exercises of Communism between China and Hungary should not be considered as a very successful Alfred D., The Soviet Hungarian Republic and The Paris Peace Conference, Philadelphia, American Philosophical Society, 1963, p. 39, https:// www.academia.edu/3854595/Praefiguratio_Exemplary_History_and_Temporal_Order_in_the_Thirtieth_Anniversary_of_the_First_Hungarian_Soviet_ Republic_of_1919, accessed 27 November 2016. 112 The new Soviet Republic caused a widely anxiety among the great powers, they organized army tried to collapse the new Republic, inside of this country, Asmiral Horthy and his counter-revolution friends attempted to destroy the new Republic as well. 113 HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 67. 114 The newly independent neighboring countries used to be one part of Austro-Hungarian Monarchy or gained lots of territory from Hungary after Paris Peace Conference. Also, there were not enough time to issue new regulations to cover everything. Ibid, p. 68. 115 Ibid, p. 55. 116 HOLLOS Marida, A Scandal in Tiszadomb: Understanding Modern Hungary Through the History of Three Families: Understanding Modern Hungary Through the History of Three Families, New York, Routledge, 2001, no page showing in the google book’s version, in the Chapter of World War I: Sandor. 117 HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 47-48. 118 Ibid, p. 63. 119 Ibid, p. 62. 120 Ibid, p. 64. 121 The Hungarian version of Constitution of Hungarian Soviet Republic was available at the https://hu.wikisource.org/wiki/A_Magyarorsz%C3%A1gi_ Szocialista_Sz%C3%B6vets%C3%A9ges_Tan%C3%A1csk%C3%B6zt%C3%A1rsas%C3%A1g_alkotm%C3%A1nya, accessed 28 November 2016. 122 Article 1-3, Chapter 1, Ibid. 123 Article 68, Ibid. 124 HAJDU Tibor, The Hungarian Soviet Republic, Budapest, Akademiai Kiado, 1979, p. 64. 125 DESZO Marta and SOMODY Bernadette, Constitutional Law in Hungary, Kluwer Law International, 2010, p. 28. 2/2017 communism experiments from their finally results. After the adoption of the Constitution of the Chinese Soviet Republic in 1931 and its revised version Constitution which adopted in 1934, this Constitution only took effects in Chinese Soviet Republic.126 What’s more, during this time, the regime of the Chinese Soviet Republic was brutally attacked by the Kuomintang Government. In the same year after the revised version Constitution of the Chinese Soviet Republic was published, the major military force of Chinese Soviet Republic had to retreat and started so called “Long March” 127 in the same year. After that, the Constitution of the Chinese Soviet Republic was basically invalid. In Hungary, even though the Soviet Government published the Constitution, it was not come into force anymore. After the failure of the Hungarian Soviet Republic, Hungary was ruled by Miklós Horthy. 126 Ibid, What inspirations did the failure Communist experiment bring to China and Hungary? In my point of view, the unsuccessful Soviet Republic and its Constitution were the first Communist experiment between China and Hungary, the lessons from the failure taught the Communist Party to build their own military and seek the support from the masses. After the Second World War, Chinese Communist Party defeated the Kuomintang Government and established the Communist Regime in China. In Hungary, the Communist Party won the support from the people and built the Hungarian People’s Republic in 1949. The Communist exercises before the Second World War between China and Hungary were like the sparks, they were small and weak at the very beginning, with the efforts and sacrifice of the Communist Party, these sparks would start a prairie fire. 66. March, in Chinese “长征”, it is a military retreat of the Red Army, the major military force of the Chinese Communist Party, since this local regime was attacked by Kuomintang again, the Long March lasted near one year. Finally, the main military force of Chinese Communist Party survived in Northwest China. 127 Long 99