On The Local Autonomy Of NanJing National Government

Local autonomy is "the basis of constitutional country" (Liang Qi Chao’s speech), and sun yat-sen dub it as "the foundation of democratic republic", and dependent begets, supplements with the democratic constitutional government, and is the integrant part of the constitutionalism. Modern local autonomy appeared in Britain, and was the product of the revive of the business and the spring up of the civil society in the 11th century late European. Its origins can be traced back to the municipalities in the ancient Greek and Roman times, and is the result of the western cultural evolution. Local autonomy of China is the "type of late development exogenous", and begin constitutionalism in late Qing Dynasty, and is the transformation that from the traditional local politics to the modern democratic politics.Nan Jing national government adhered to the remaining of the local autonomy in late Qing Dynasty, and took the founding scheme of the local autonomy of sun yat-sen as "the highest fundamental law", and designed and practiced with big its drum to the local autonomy. It experiences three times that the period of the starting-up of the autonomy (1928-1934), the period of the adjusting with "slow doing autonomy, executing bao-jia" (1934-1939) and the period of the New County System with "dissolving in autonomy with bao-jia system" (1939-1949), and is the period of the longest, mobilization most widely and effect is best relatively of the local autonomy in recent period. It also coexists with legal change, and there are nearly 100 sites only national legislation for the local autonomy, and contains so on many relations of law and society, law and order, legal and tradition, the transplanting of the law and the localization. The local autonomy of Nan-Jing national government provides rare basis points for enhancing to awareness to the transformation of the China local politics that from tradition to modern democratic politics and for deepening the understanding of the Chinese legal modernization.However, due to various reasons, the system research is very weak to the local autonomy of the Nan-Jing national government. In perspective, the much of research Belong to historiography, sociology and politics, and research in law is relatively lags behind, which the systematic research are rarely be seen. In methods, the empirical research are rare, and only have them a few in north, such as Ding-Xian, Zhou Ping and the "village system" of Shan Xi. In period, generally limit to the before of Anti-Japanese War period, but is almost fare of empirical research in wartime and especially in the New County System that effects best. But basing on the close relation with the transformation of local politics and the transition of legal order, undoubtedly will affect the recognition and evaluation to the local autonomy of the Nan Jing national government and the modern transformation of local politics if no legal intervention and intensive cultivation, no discussing to the legal system construction of the local autonomy, no analysis to the relations of the transformation of the local politics with the change of the legal order , and no empirical research to the local autonomy of the New County System period and southern.On the basis of previous studies, this paper tries to systematic research to the local autonomy of the Nan Jing national government in the history of modern transformation of recently local politics, which by the angle of law, taking the local political transformation and the legal changes as the breakthrough point, with the Gan Nan (1939-1949)as the demonstration center, by the methods of combination of text and empirical, fully utilizing the Gan Nan local files of the republic of China and the local chorography, history and comprehensive using of theories of countries, legal and social, the transplanting of the law and localization and modernization. It can not only make up to the limitations of the study of the local autonomy of the New County System (1939-1949) period, improve the understanding of the local autonomy in south that researching weak, deepen the knowing and understanding of the local autonomy of the Nan Jing national government and the modern transformation of Chinese local politics, also intend the plight of legal modernization in rural society, thus deepens the understanding of the Chinese legal modernization and provide history lessons for the autonomy current rural villagers and legal construction.In order to not make regional empirical research be a pure "local knowledge", this paper adopts research paradigm of interaction of national and regional social. Namely, follow the logic style of national - regional society- national, research regional society in the nation’s horizon, and speculative countries with regional society, and to achieve the purpose of "to the cove macro,and to the individual example general".Except the introduction, the article is divided into five chapters: The first chapter "the origin of the local autonomy of the Nan Jing national government ", Combing and analyzing of ideological origins (the local autonomy ideological trend of the late Qing Dynasty, the local autonomy thought of sun yat-sen) and system origins (the local autonomy of the late Qing Dynasty, the village management of Zhai Cheng, the "village system" of Shan Xi and the rural reconstruction movement) of the local autonomy of the Nan Jing national government, and to clear its origins and rheologicals. The second chapter "the legal expressions of the local autonomy of the Nan Jing national government ", discussions and concludes and evaluations to the legal expression contents and the legal change characteristics and the pros and cons of the local autonomy of the Nan Jing national government, which can solve the system design problem of the national level. The third chapter " the institutional construction of local autonomy of Gan Nan (1939-1949) " and the fourth chapter " the operation of the solid state of the local autonomy of Gan Nan (1939-1949)", namely, shifting to regional society of Gan Nan , textual research to the system construction and operation solid state of local autonomy of counties in Gan Nan in the period, which can investigate practice case of the local autonomy. The fifth chapter " the review of the local autonomy of the Nan Jing national government", evaluate and discuss to the natures status effectiveness and meanings drawbacks and problems, restriction factors of the local autonomy of the Nan Jing national government, which returning to the national level and combining empirical research of the local autonomy of Gan Nan. Finally, summarize the historical enlightenments.Researching shows that the local autonomy of the Nan Jing national government have explored a large scale local autonomy legislation and have established the legal system of the local autonomy in legislation. Its legal changes have the characteristics that transforming from simple transplanting with foreign law to combining with traditional Chinese system and culture, from the people’s autonomy of the Anglo-American law to the community self-governance of the continental law, from the radical change to the relative rationalism. The legislations of the local autonomy of the Nan Jing national government have provided historical experiences for processing relationships of the law and society, the law and order, the legal and tradition, the transplanting of the law and localization and many other. In practice, in the period of the New County System in Gan Nan, established the local autonomy institution that as unit with county, as legal person with county and township (town) and level 3 of county and township (town) and Bao. It’s established the level 3 public institutions of the county council, the township (town) people representatives, the Bao public conferences. It’s established independently financial institutions of the autonomy of county and township. Accordingly, It’s convened the county councils,the township (town) people representatives and the Bao public conferences. Conference proceeding, attending personnel proportion and the putting forward and the discussing of the proposals compliance with the law for certain decisions overall and take a certain amount of resolution, supervision function. It elected with the leaders of Bao, the represents of the township (town) people, the county senators, the leaders of the county senators and reflected certainly democratic properties. Gan Nan is the safety in the period of the Nnew County System, therefore, the local autonomy practice of Gan Nan in the period of the Nnew County System, should have certain representation to the local autonomy in the safety in the period of the New County System.Thus, in nature, the local autonomy of the Nan Jing national government, is the exploration in practice about the founding scheme of sun yat-sen local autonomy, which are still under its guidance and constraints although have deviated, and is the national power sinking and the integration to grass-roots society, is the attempts to the transformation that from the traditional local politics to the modern democratic politics, and is transforms that from the simple transplanting foreign law to the combining with Chinese traditional system and culture, from the radicalism to the relative rationalism. The local autonomy of the Nan Jing national government, no matter in system designing or specific practice, have made some achievements, and provided Legitimacy ways for public participation in politics, and promoted Spreading and improving for awareness and literacy of democratic political consciousness and accomplishment, also provided historical references for rural democratic political practice in current.Of course, the local autonomy of the Nan Jing national government is failure in general. The local autonomy of the Nan Jing national government emerged drawbacks and problems such as legal uncertainty and than out, chaos and confused conflict, Administrative too much power and "country movement but villagers motionless, people’s representative opinion degree of Opinion authorities is not high, the governments and the influence of gangs manipulate, bribery, collude, coerce, stress, kidnap delegates in election, Lots of bao-jia personnel resigning, and so on. The restrict factors are that not fitness in economic (including of not adaptability of small-scale peasant economy, economic scarcity, the country’s poor etc.), idealism, radicalism and pragmatism in politics, the conflicts of the transplanting of the law and the localization, the subject right and the consciousness of law of villagers are thin and unrest in the social environment.With history as a mirror, it is conclud the historical enlightenments that China’s rural grassroots democratic political construction, can’t overnight, but a continuous process of improvement and development, cannot copy western mode, but agree with Chinese culture and the conditions of history and realistic, walk grassroots democracy political path of Chinese characteristics and maintain the balances of national powers and rural society powers, adjust the relationships of national guide and people subject position, have corresponding basis of economic, cultural and social, associate with the interests of the villagers, etc.In study, the author has three innovations in the following:Surmount of viewpoint and approach. Comment to the Legislative texts of the local autonomy of the Nan Jing national government, empirical research to its practice on regional that by the Angle of law, with the empirical center of Gan Nan (1939-1949), Using the combination of text and empirical. Research the regional area in the country’s horizon and observation the national level by the regional society, and have a certain breakthrough in the Angle and means.The novelty of the materials. Quite well reproduce operation solid states of local autonomy in the period of the new county system, such as the records of the Bao people conference and the election, and have novelty, which making full use of the local roc archives and the Chinese local Chronicles, history, especially the files about the local autonomy of the Republic in the archives in the counties of Gan Nan(according to the reflecting of the archives work personnel, the author is the first person to access these files).The original in views. the author has his own unique views to the local autonomy of the Nan Jing national government on establishing the empirical research method and possess certain place material, which no matter for its nature, legislation, on the evaluation of the achievements of practice, or its shortcomings and the dissecting to the restriction factors.