Research On Hunan Prowince Parliament In The Early Period Of Republic Of China(1922-1926)

Since the beginning of the Republic of China,local secession and the reconstruction of centralized power have been difficult.Some Monroeists no longer give hope to the reunification by military means,but instead advocate the implementation of constitutional autonomy in various places and finally realize the establishment of a joint province.Hunan was the first practitioner of this idea.On New Year’s Day in 1922,it adopted China’s first provincial constitution,the Constitution of Hunan Province.According to the power structure of the Constitution of Hunan Province,it implements a model of separation of legislative,judicial,and administrative powers.The three powers are balanced and restricted to participate in the constitutional autonomy of the province.Among these three powers,the provincial council occupies a prominent position.It not only has the legislative power,but also has other powers such as the right to make financial decisions and impeachment.It has played an important role in the constitutional autonomy of the province.This article takes the Hunan Provincial Assembly from 1922 to 1926 as the main research object,records its process from nothing,and selects several important bills proposed for analysis,in order to study the overall picture of the provincial assembly during this period and The role played during autonomy.In addition to the introduction and the conclusion,this article has four parts.The first part is the background of the provincial council.This chapter mainly explores the background of the establishment of the provincial assembly,that is,the provincial assembly is a continuation of the rise of the power of the new gentry.The establishment of the provincial assembly has absorbed the participation of these new gentry to the greatest extent.At the same time,Hunan has been established since modern times.Many parliaments have experienced the initial training of the representative system,and the establishment of provincial councils has a certain practical basis.Second,the broader background of the establishment of the provincial assembly is the rapid expansion of local power since the end of the Qing Dynasty,and the difficulties in rebuilding a unified and centralized country.In addition,at the time,the thought of autonomous provincial autonomy has risen,and Hunan has become the first province to achieve provincial constitutional autonomy.It is based on this background that the provincial council was established and operated.Third,the most direct legal source for the establishment of the provincial assembly is the formulation and promulgation of the Hunan Provincial Constitution.In the provincial constitution,the political structure of the separation of powers is defined,and a special chapter is set to clarify the power status of the provincial assembly.Therefore,the Constitution of Hunan Province is the source of the legitimacy of the provincial council.The second part is the election and establishment of the provincial assembly.This chapter mainly introduces the main legal basis of parliamentary elections,and analyzes the legal regulations of provincial parliamentary elections by elaborating the main provisions of provincial constitutional elections,such as the Constitution of Hunan Province and the Election Law of Hunan Provincial Parliamentary Members.At the same time,it also analyzed the qualifications of voters and candidates,further explored the electoral process and current situation of the first provincial assembly,and summarized two new highlights in this election.The third part is the system design of the provincial council.This chapter mainly analyzes the legal texts related to the provincial assembly,such as the Constitution of Hunan Province and the Organic Law of the Provincial Assembly of Hunan Province,and summarizes the organizational structure and rules of procedure of the provincial assembly.Powers,official primaries and other main terms of reference.From the perspective of the supervision of provincial legislators and the restriction of provincial councils,this paper analyzes the power restrictions of the legal texts on provincial councils.The fourth part is the analysis of important cases of the provincial council.This chapter only selects three typical events of the provincial assembly during the period of self-government,namely the provincial assembly and budget in 1923,the suspension of the provincial assembly and the Ta Kung Pao,and the performance of the provincial assembly in protecting and revising the constitution,and analyzes it.To analyze the state of the provincial council in the practice of autonomy.In these three times,both the provincial council resolutely requested the provincial government to reduce its military expenditure based on the constitution,which led to the resignation of all provincial officials,and the provincial council interfered with the freedom of speech in the Ta Kung Pao by adopting a bill.Not only was the provincial council’s constitutional protection during the Tan-Zhao dispute,but the provincial councillors were required to defend the constitution,and when the Northern Expeditionary Army invaded Changsha,the members of the House of Representatives collapsed.