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The Changing Of Responsible Cabinet System In Modern China

Posted on:2013-08-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:L DongFull Text:PDF
GTID:1226330395975962Subject:Constitution and Administrative Law
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The responsible cabinet system means the political organization form that the people who enjoy the sovereignty exercise their political discretion to build a representative government. Balance of the executive and legislative powers is its prominent feature. And national sovereignty, limited government are ideas behind the system. Modern China profiles civil law countries to practice the cabinet system in three stages. In the meantime, around the question of which system, the cabinet system or the presidential system, is suitable for China, Chinese people exercises various practice. However, there has been a strange phenomenon:express of text departs from political practice. Why this phenomenon? The culture of centralized power is the key point, which influences behaviors of Chinese people through language and ways of thinking. Revolutionaries, constitutionalists or later the northern warlords, the KMT ruling clique, controls the highest power through the constitution is their goal. This reflects the inheritance and the passing of the culture of centralized power in modern China.This paper uses the cultural approach to investigate changing of the cabinet system in modern China. Specifically, this paper is divided into three parts, five chapters. Chapter one is the first part, which first examines the idea and the system of responsible cabinet in western countries, then investigates the relationship between traditional political culture and the cabinet system in traditional China, and examines the historical opportunity and course of the incoming of western responsible cabinet system in modern China at last.The second part is composed of three chapters. This part investigates the changing of the cabinet system in modern China with the perspective of the historical survey in accordance with the different forms of rule. Among them, chapter two analyses the cabinet system under the imperial system. First, this chapter examines the debates and ideas on the cabinet system in the late Qing constitutional though. Second, this chapter analyses the expression and practice of the cabinet system in the late Owing dynasty. Finally, this chapter examines reasons of separation of the expression and practice of the cabinet system in the late Qing dynasty.Chapter three is the investigation of the cabinet system under separation of powers. First, this chapter analyses the only document of bourgeois nature-"The Provisional Constitution", pointing out that this one-sided cabinet system which concealed controlling of the highest power of revolutionaries created a bad precedent. Second, this chapter gives an overall analysis of the government form of the northern warlord’s period, and investigates the cabinet system of the "Bribery Constitution". At last, this chapter comments the changing of cabinet system during this period.Chapter Four is the investigation of the cabinet system under the Party-state system. First, the chapter introduces ideas of the KMT Party-state system, and stresses that the Party-state system is an update of the culture of the Chinese constitution, a shift from personal centralization to the group centralization. Then, the chapter examines the construction of the cabinet system during the period of political tutelage, first to explain the relationship between party and government as the pre-issue, then examines controversy and practice of the cabinet system before and during the Sino-Japanese War. a critical analysis of the cabinet system construction of the period of political tutelage, pointed out that the Chinese expression, the relationship between the Executive and the Legislative organization does not conform to the requirements of the responsibility of the cabinet system, cabinet system of non-responsibility of the relations between the KMT and the government, as to the period of the Sino-Japanese war and the Supreme National Defense Council is conventional bureaucracy under the administrative contingency for its client, the responsible cabinet system has never become a political reality. Again, the chapter examines the institutions and practice of the cabinet system under the1946constitution. At last, this chapter comments the cabinet system during this period.Chapter five is the third part, and also the conclusion of this paper. First, this chapter summarizes history of the changing of the cabinet system in modern China, pointing out that controlling of power, rule of man and instrumentalism are its characteristics. Second, this chapter analyses cultural gene which determined direction of the changing of the cabinet system in modern China. The culture of centralized power sneaks into the deep ideas of Chinese people in modern times. The surface dominates the behavior patterns of the Chinese people is a constitutional law, in fact, it is power; China formally advertises the responsible cabinet system, in fact, it is the rule of man and govern of the power. Function of culture through language and mode of thinking to exercise. The so-called constitution, government, elections, government are transactions, tricks, tools in modern China, the powers attributed to form the starting point of the Chinese government, is the cornerstone of thinking. Finally, the chapter seeks the wisdom of history, summary historical experience available for building a service government and a responsible government.
Keywords/Search Tags:The Responsible Cabinet System, The Presidential Centralized System, Culture of Centralized Power, Integration and Reconstruction, Legal Culture Theory
PDF Full Text Request
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