The Choice And Change Of The Republic Of China's Constitutional Government System

Throughout the history of Republic of China Constitution, The Constitutional forms of Government had changed several times, from the separation of the three- powers to the five-powers, and from the strong improvement of the system of separation of the three-powers system to the separation of the five-powers system. Because of the constant transformation of the Constitutional form of the government , Republic of China's constitutional design was always in the process of finding the institution. Was there some inherent thought in the process of the search ? What was the motivation behind the institutional transformation? There were much of the ambiguity and omission in the central political design of the Republic of China Constitution-making process according to the western constitutional theory .The reason for this may be"the misunderstanding of the Western constitutional theory and culture"or"the deep misunderstanding "? It may be our misunderstanding of the people's ideas ? this article was to explore the inner paths and the true meanings of the transformation of Republic of China constitutional system through the analysis the process of Republic of China constitution-making process in the macroscopic and microscopic dimensions,Chapter one. The Constitutional Design in the separation of the three- powers The separation of the three-powers was transplanted to china firstly with the foundation of Republic of China. Chinese must be chose between the responsible cabinet system and the presidential system. Firstly, The temporary constitution established the cabinet system which was different from the western one. The most important was that the president was in charge of the political power including the coming and going of the cabinet. Seconding, the temporary constitution emphasized the balance of the president powers according to the law .thirdly , It was the cabinet not the president who was responsible for the parliament which meant the legislative power disturbing the executive power , the result was not helping the establishing the true cabinet ,harming the balance power and intensifying the conflict the two powers.The parliament set to establish the constitution and formed the committee. The peoples reached the agreement about the cabinet and had different views on the strengthen the legislative power or the executive power. Some peoples of KMT and the enlightened finished the temple non- informal constitution in order to control Yuan ShiKai's power , however the new constitution was similar to the former , the only change were that the restrict between the cabinet and the parliament . the president power was restricted more seriously in fact.Yuan Shi Kai had different view on the Constitution when the parliament was doing the work., however, the committee refused Yuan's views. Yuan dismissed the parliament , established the new parliament ,and lay the new constitution .The New constitution realized the centralization of state power which meant the president in charge of the power. The cabinet had the only informal power.The constitutional work continued when Yuan died which involved the dispute between the president and the House. In 1922, due to immediate claim by the warlord in Beijing , the old parliament resumed and still doing the work. But the disputes among the province still continued , the parliament hastily passed the third reading of the Constitution of the Republic of China, completed the great work of the Constitution. 1923 in addition to some articles of the Constitution of the Republic of China , the Constitution of the Republic of China basic inherited the Temple of design of grass on the responsibility of the Cabinet system..Chaper two, The Constitutional Design in the separation of the five- power Sun Yat- Sen reformed the representative system and designed the five - power Constitution because of Pursuit to good government. With the Nanjing nationalist government completing the formal reunification of China, five - power Constitution became the natural legal basis. In 1933 , the nationalist government finished the constitutional work and published 55 Constitution in 1936. the 55 Constitution was to pursue Sun Yat- Sen design , set up on behalf of the people in the exercise of the National Assembly election, recall, initiative, referendum four right But for the long suspending ,the National Assembly was more like the election and the exercise of power was extremely limited. At the same time, the constitution provided for the overall five right ruled by the Government, accountable to the National Assembly. In the governmental power structures, the President became the focus, emphasis the separation of five right, lack of strong constraints, resulting in the totalitarian system which the president controlled the five power.KMT intend to submit the 55 Constitution to the constitutional congress , but subject to domestic and international environment after the end of the war. At the national level, of the Communist Party had been a strong challenge, and abroad, especially the United States hoped that the KMT open regime, the implementation of democratic politics. To seek constitutional congress success, avoid political failure, the Government abandoned the 55 Constitution and passed the CPPCC Constitution grass based on the principle of Amendment 12 of the Constitution of the Republic ofChina. In 1946, under the right to maintain the original five discrete forms, the Constitution of the Republic of China initially established the construction of the separation of three-powers, but by the National Assembly, Legislative Yuan and Control Yuan joint powers of Congress were not completed, the constraints on executive power, and judicial power slightly weak, constitutional structure and to control executive power, judicial power balance .had not yet formed. At the same time, the limited judicial powers was responsible to the president according to the temporary constitution.Conclusions : on macro, the transition of separation of three- powers to the five - power system was because of the people's radical thought and action at that time. Radical system theory contributed to the radical action , the characterization of the revolution. the Responsibility Cabinet system path was determined by the provisional Constitution of the Republic of china , which stressed the power in charge of the President , the Cabinet was responsible for checks and balances of the President. Its design was due to the historical realities and the traditional political culture. In addition, from the perspective of microcosmic, Republic of central constitutional changes were closely related to the constitutional model, it led directly to the political system...