| At the end of the Qing Dynasty,China experienced a profound and complex transformation. Introduction and practice of parliamentary system was an important political development phenomenon in China. In 1911-1926,the parliamentary system operation was divided into two aspects,one was the central congress,another was the local provincial parliament.Previous studies mainly concentrated in the early years of the central parliamentary system.Studies on provincial parliaments in 1911-1926 in recent years has gradually increased,but rsearch on the legislation of provincial parliament from 1911 to 1926 was still scarce.In 1911-1926,socety rapid changed. Zhejiang province did not suffera lot of wars and was in a relatively peaceful environment.Economic and culture was in a good style,which offered a good foundation for the parliamentary politics in Zhejiang.After Xin Hai revolution,Zhejiang’s military government hold the first session of Zhejiang provincal interim parliament in December 20,1911.The next year the govement held the second and third session of Zhejiang provincal interim parliament.In 1913 February,the Zhejiang provincial parliament was formally hold before Yuan Shikai ’s dissolutiing provincial parliament.In 1916 September,Zhejiang province restored the parliament.After that,annual meeting was held almost every year. In 1918 and 1919,the second and the third session of the provincial parliament general election was held. By 1924 July,the new Zhejiang provincial parliamentarian was not elected.In 1926, the Northern Expeditionary Army entered into Zhejiang.The parliament of Zhejiang province from 1911 to 1926 was one of the most complete history of the local parliament.It is quite typical.Zhejiang province parliament passed a lot of legislations,including aspects of local autonomy,local constitution, administrative system,financial and tax traffic industry,irrigation and water conservancy,education and social reform.The legislation made Zhejiang get big progress in politics economy and society.Zhejiang provincial parliament in 1911-1926 left almost complete which provides powerful support for the research on the legislation of the Zhejiang provincial parliament. The reason why I choose Zhejiang province as the research objectis is that the legislation of Zhejiang Provincial Parliament was one of the outstanding sample in all provincial parliament and it was also a typical examplel.This research is on the extensive collection of the first-hand historical materials of Zhejiang provincial parliament and absorbes the previous related research.The thesie analyses the Zhejiang promings or achievements.The first chapter is about the source of the local legislation of Zhejiang. Zhejiang since the Qin Dynasty established the system of prefectures and counties. The local government made local legislations to manage local affairs.Zhejiang ancient local legislation,before the Qing Dynasty,was mainly the treaty,the rule and the notice etc. Zhejiang ancient local legislation emphasized on the central legislation,or refined the central legislation in the light of actual local situation.‘Governing Zhejiang Rules’ in the Qing Dynasty was the system of compiling Zhejiang ancient legislation.Its content was systematic and complete,and its effect was stabile and durabile. At the end of the Qing Dynasty,in the face of invasion of the western powers,the western parliamentary system was introduced into China, which produced provincial consultative council.Zhejiang provincial consultative council made more than 70 legilations.The second chapter is about Zhejiang province parliament legislation background. After Xin Hai revolution,Zhejiang’s military government made series of policies and measures to establish revolutionary order.After Xin Hai revolution,Zhejiang initiated and implemented rule by Zhejiang own people. In 1917,Zhejiang turned into the rule of the Northern Warlords directly.After Xin Hai revolution Zhejiang’s military government promulgated a number of protected national industry and business law,encouraging the establishment of industrial. During the first World War, Zhejiang national capitalist economy obtained the rapid development, especially in the silk industry and cotton industry.Finance had been in difficulty in 1911-1926.Meanwhile the community and the new education established.The press publicity and patriotic campaign opened on the wisdom of the people,expansed the civil rights,improved political participation.The third chapter is about the jurisdiction division of Zhejiang provincial parliament legislation with the central legislation The form of state structure reflects the relationship with central and local legislation,but also determines the relationship between central and local governments. In 1911-1926,the central and local legislative relations was in a complex and changeable situation.The relationship between the central and local governments have three theories:federaltion system,unitary system and decentralization system. At the central level,the legislative belongs the senate and congress respectively in different periods. Zhejiang interim parliament law gave provisions of the interim parliament’s legislature power. In 1913, provincial parliament law made by congress promulgated,it weakened the provincial parliament of authority.The forth chapter is about Zhejiang provincial parliament legislation procedure.The legislative proposer inclueded govenor, parliamentarian and people.The proposal were mostly about economics.Bill review process is as follows: first is that parliament propose became bill after the first reading,while some was directly cancelled.After the first reading, all bills camne to the review committee.After committee’s reviewing,parliament began two reading procedur. After two reading,paliament decided bill passed or cancelled.The bill which passed two reading became a formal resolution.Resolution which equired three reading should be read by three times.Because of a parliamentary meeting time is limited, and the motion submitted were so much,so many bills can not be resolved on time.The parliamentary legislation frequent revised,especially during the interim parliament.The fifth chapter is about Zhejiang Provincial Parliament legislation content.Zhejiang province parliament passed the local parliament organization law,such as zhejiang constitution,Zhejinang parliament election law.The adiminstrative organization legislations mainly were governor election law,provincial administrative organization law,officical examination law.The local judicial legislations mainly were judge examination law,lawyer law,evidence law.The tax laws includes Zhejiang land tax law,Zhejiang commodity law,Zhejiang property registration law etc. Financial legislation mainly were Zhejiang military government patriotic bonds law and Zhejiang local banking law.The sixth chapter is still about Zhejiang Provincial Parliament legislation content. One is the educational legislation,mainly included the area of comprehensive education,elementary education,secondary schools,higher education,students and social education legislation.Another education legislation included Zhejiang province planning higher education law,the plan of normal school law,Zhejiang Province senting students going abroad law.Two is the support of industry,agriculture,forestry and fisheries,road building legislation,such as investment to model filature factory law,cotton test field law,Zhejiang province forest protection law,Zhejiang fishery company contempory law.Three is the traffic construction and water conservancy construction legislation.Such as Zhejiang provincial road construction law,Zhejiang expropriation land law,West Zhejiang water conservancy construction law.Other legislation included drug prohibition laws,social order management laws,social welfare laws,local autonomous laws.The seventh chapter is about putting into effect of the law.The law was put into effect by the governor.If the govnor objected the law,he should submit an objective paper within a week. For the captaincy general of reconsideration,if more than 2/3 parlimants agreed, the law still should be put into effect.But in the formal parliamentary period,according to the temporyl parliament law,if the case passed by parliament was deemed illegally by the governor,the governor can consult the provincial parliament to revoked. If the provincial parimant refused to accept,this dispute can de brought to the adminstative court in Beijing. The government of Zhejiang province had also made a large number of govement rules to matching execution of laws. The legislations had different effects.Some had good effect,such as the legislation banning opium.Some had no effect,such as some revitalizing industry laws.Some had common effect,such as the provincial road construction laws. Factors affecting the Zhejiang province parliamentary legislation effect includes: official execution and official honesy,relationship between parliament and govnor,central legislation whether alternating local legislation,financial factors,people’s supporting of the law and the qulity of the legislation.The eighth chapter is about the legislation’s character and their later changes. The character compared with Hunan province.Due to geopolitical pattern and the social political environment,Zhejiang parliament legislation has its particularity,which match Zhejiang’s politicics,economics,geographic,traditional culture.The legislation reflected modernization,the traditional idea of pragmatism.The parliament of Zhejiang made a large number of traffic road construction of water conservancy laws promoted industrial development,livelihood,social management of the motion, which reflected that Zhejiang was in a relatively stable social environment in 1911-1926. Zhejiang silk production has a long history.Zhejiang province silk industry had been developing by the laws which revitalized silk industry.The thesis discussed the law’s change in Nanjing national government period. With the establishment of Nanjing national government,there was no parlimant.The legislation of Zhejiang province was mainly made by the government of Zhejiang. In the period of Nanjing national government,changes of Zhejiang parliamentary legislation’s content includedthe law of official、tax、finance aducation and social relief... |
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