The Formation Of The Modern Local Self-Government Institution In Japan

The local self-government institution, in contrast to the centralized power institution, which is designed for decentralizing the power, is mainly run by the local people according to the principles of self-management and self-rule. Although there existed various national traditions of local self-government worldwide, the advanced western capitalist countries generally created the local self-government institution until modern times, which was thought as the backbone of constitution-centered politics and "the cornerstone of democracy." Modern Japan, as a developing country in Asia, had enacted the siseityousonsei and gunseifukensei during 1888-1890, which initiated the process of the modern local self-government institution successfully as a non-western country. What is the cause? Does it depend on Japan's own factors, or simple imitation to Europe and the United States? As far as Japan's local self-government institution is concerned, is that a copy, or reflects some Japanese characteristics? The paper tries to explore these questions.The local self-government institution, created by Modern Western advanced countries in modern ear, results from the tradition of decentralization and autonomy in the feudal era. So, what about Japan? Before implementing the modern local self-government institution, whether there exists the similar tradition of decentralization and autonomy in Japan? The paper retrospects to the tradition of decentralization and autonomy from ancient Japan to early modern Japan. As far as the local self-government institution is concerned, after the emergence of Japan as a country, the initial local self-government institution was called kuninomiyatsukosei. Then, due to the frequent intercourse between Japan and China, Japan was able to imitate the junxianzhi of Tang dynasty, and set up the similar institution kokugunrisei. However, both kuninomiyatsukosei and kokugunrisei resulted in losing control of the powerful local noble, which even threatened the central government. After ritsureisei'breakdown, kokugunrisei also could not be continued, then there emerged the manor institution in Japan which was similar to the European counterpart in terms of decentralization and autonomy. Since buke's monopoly of government, in Kamakura and Muromachi period, shugojidousei and daimyoryougokusei were established until the warring states period. In early modern Japan, Tokugawa bakufu established bakufuhantaisei followed the tradition of decentralization and autonomy, so each fan was authorized with a large degree of autonomy. In short, through retrospection to the tradition of decentralization and autonomy from ancient Japan to early modern Japan, the conclusion can be drawn that the history of Japan's local self-government institution is different from Western Europe and China, and is limited autonomy under the centralized power. In medieval Japan, particular in Muromachi period, the tradition of decentralization and autonomy stepped into further phase. There existed the city of autonomy and the similar institution souson in villages. In early modern Japan, mainly in Edo period, there also existed the autonomy for tradesmen and artisans in the town and for the farmers in the village. Through mainly exploring the autonomy of village community in Japan and comparing it with the autonomy of village community in China, we should recognize that the development of the public relations of village community in Japan, such as the general meeting of the residents for discussing the costs for the village and tax commitment, which can be thought as the necessary prerequisite for the modern local self-government institution.After the success of the Meiji Restoration, the new government initiated the comprehensive reforms according to the schedule, so did the reform on the local government. As far as the process of the self-government institution was concerned, it experienced several trials; the relevant laws was promulgated nearly at the same time with the ordination of the constitution during 1888-1890, then it stepped into the phase of the concrete implementation in the local government until in 1911, which marked the completion of the reform on the local government. The process can roughly be divided into five stages to explore the formation of the local self-government institution in Japan according to its characters after the Meiji Restoration.The first stage was from the new regime after the Meiji Restoration to 1878, when sansinhou had not been enacted. During the period, Japan's reform on modern local self-government institution was under Incubation. The new government centralized the power through haihantiken and established daikusyoukusei for the local government in 1872. In terms of the fiscal institution, the new government had not realized the principles, such as the complete separation of public and private finance and the people's participation into financial revenue and expenditure. As to daikusyoukusei, the scholars even held different views. Generally speaking, as far as the new government's reform on the local government institution was concerned, then there was no clear schedule on the local self-government. But under the context of the autonomy traditions and the influence of jiyouminkenundou, the local political organization burgeoned, which made the central government had to put forward the local self-government institution on the agenda.The second stage was from the enactment of sansinhou to 1884, this stage could be thought as the experimental phase. Sansinhou was composed of gunkuchousonhenseihou, fukenkaikisoku, chihouzeikisoku and kuchousonkaikisoku enacted in 1880. Those laws constituted the sansinhou structure of modern local self-government institution. Sansinhou highlighted the importance of Japan's tradition on autonomy, changed the local government, basically recognized the machimura's autonomy, the local councils were allowed to set up, and the local financial system was reorganized. From those perspectives, the sansinhou structure seemed to play the progressive role. At the same time, the central government strengthened the supervision over the grass-roots community through the bureaucratic arrangement, particular the nomination of the governor of the country by the superior administrator.The third stage was from the Meiji reform in 1884 to 1888 before the completion of the relevant legislation on the local self-government institution. The period can be thought as the reaction phase. After the enactment of sansinhou, the advocates of jiyouminkenundou got the legitimate stage to struggle with the central government, in addition, the local farmers differentiated since the reform on the local finance, then jiyouminkenundou turned out to be jacobinical. In response to such circumstance, the Meiji government started to modify fukenkaikisoku and chihouzeikisoku and strengthened the supervision and restriction on fukenkai. Accordingly, Yamagata Aritomo took charge to modify the new reform on machimura, i.e. daikochouyakubasei, which changed the previous election of kochou to the nomination of kochou, as a result, the previous autonomy granted by sansinhou was deprived by daikochouyakubasei. So those can be thought as the reaction to sansinhou, however, from the long-term's perspective, the period also can be thought as the necessary phase for the modern local self-government institution.In the fourth stage, both the ordination of the constitution and the preparation for 1st congress were according to the schedule after 1881, so the Meiji government also took some steps toward the local self-government institution. When Yamagata Aritomo as the key figure employed Germanic scholar Albert Mosse and decided to model Germany's local self-government institution which was created by Prussia. Yamagata Aritomo insisted on the establishment of the local self-government institution before the ordination of the constitution, because he treated the reform on the local self-government institution as the necessary step for achieving the goal of revising the previous unequal treaty, and established the rule of the local self-government institution which may be not influenced by the instability of the central government. In fact, the relevant laws on the local self-government institution became the basis of Tennosei. Seen from the local self-government institution's relation with tennosei, the characteristics of the local self-government institution—the foreign introduction, the mixture of autonomy and the central government's guidance, meibouka dominating the local government and the village's dual role etc—was old fashioned.The fifth stage was from the enactment of those laws to 1911, when those laws on the local self-government institution had been enforced. After the enactment of those laws, although the relevant laws about shiseichousonsei had been put into effect, the central government had not fully achieved the desired goal. However, fukenseigunsei had not been implemented on schedule completely, to some extent, in the implemented region, the procedure that re-election system and the big landlord as councilor further exacerbated the competition during the election and exposed certain flaws. Therefore, in 1899, fukenseigunsei had to be changed. After formal recognizing fuken and gun's public status, the central government had strengthened the supervision over fuken and gun. After Russo-Japanese war, not only Japan had established a capitalist country, but also initiated another process—the imperialist transformation. In order to adapt to the new strategy, the Meiji government started chihoukairyoundou and in 1911 changed shiseichousonsei. After those reforms, the Meiji government finally completed the Japanization of western local self-government institution and the local self-government institution had been established ultimately in Japan.In this paper, I make full use of the financial science, political science, and other studies in Japan, approach the comparative with the counterpart in China and collective the relevant studies on the local self-government institution as possible as I can. As far as the local self-government institution is concerned, under the contemporary social background, the reasons for the formation of the modern local self-government institution in Japan are as follows: 1 since the foundation of the Meiji government, Yamagata Aritomo, as the key figure in the new government, commit himself to establish the modern local self-government institution ,simultaneously, the process controlled by the conservative bureaucrat as Yamagata Aritomo resulted in the modern local self-government institution's old fashioned. 2 the local community's role. The tradition of autonomy in Japan and jiyouminkenundou's influence played the very important role. 3 the establishment of the local fiscal institution. The establishment of the local fiscal institution, not only became the important part of the modern local self-government institution, but also provided the necessary material guarantee for the implement of the modern local self-government institution.Since the formation of the local self-government institution in Japan, it affects the surrounding areas, and even become the example of China's modernization. And our in-depth study of modern Japan's process of the formation of the modern local self-government system, analyze the causes and characteristics, sum up their experience and lessons, which had some reference value for China's local government and the building of a harmonious society nowadays.