On The County Autonomy During The National Government

Under the democratic constitutionalism trend, scientific treatment of local self-government is not only an issue related to the relationship between central and local governments, but also a national constitutional construction to a great extent the success or failure. Therefore, research on local autonomy, especially on their past local self-government practice review and consideration, it is particularly important in the study of constitutional issues. This study belongs to the category of constitutional history, mainly inspects the National Government of the county autonomy concept, system design and operation. On this basis, the study will discuss county autonomy as the rationality of state constitutional important path, and the feasibility of the basic constitutional construction path in the contemporary.This article contains three parts including introduction, body, and conclusion. The introduction mainly introduces the origin of the topic and the research significance, reviews and appraises the topics related to literature, finally proposes the framework of research methods and the whole writing.The text is divided into four chapters. Chapter I starts from the basic theory of local autonomy, discusses the historical origin and forming process of the county autonomy theory. This paper introduces the basic theory of local autonomy, combed the Chinese history associated with the local autonomy, and on the basis of the comments on the county autonomy theory. In this part, the county autonomy theory is defined as a product of the influences of western culture and civilization since modern times, it constructed on the theory of western local autonomous, but the ingrained effects of the Chinese tradition can not be ignored on the other hand. Especially the county autonomy guidelines of National Government constitutional practice, revised and transformed by Jiang Jieshi, Hu Hanmin and others, is essentially different from the general theory of local self-government.Chapter Ⅱ mainly discusses the motivation, design and power structure of the National Government of county autonomy. The construction of the county autonomy system is mainly for the National Government’s rule of the country, namely, to reinforce the legitimacy of the regime, weaken the local power and strengthen the basic level control. According to the interest demand, the National Government make full use of the local autonomy theory of the west as a performance of democracy, and use for reference of the traditional control methods to strengthen the centralization of power and the maintenance of the rule of the country. It finally presents the conflict and contradiction between democracy and centralization on the design of the county autonomy system and power structure.Chapter III focuses on the status of implementation of the county autonomy, and reviewed on the results of the implementation of county autonomy on the basis. Through the comprehensive investigation on the three stages of the construction of county autonomous of the National Government, this part concludes that the result of the implementation of county autonomy construction is far from Sun yat-sen’s design for the procedure of the constitutional country establishment, and the county autonomy gradually transformed into a means of social control of centralization. However, under the Democratic voice rising, the National Government had to publicly announce the implementation of constitution immediately, so as to establish the county autonomy. Of course, the constitutional status of the establishment and development of the county autonomy construction is not a logical law expression, but a passive response by the National Government in the realistic crisis of governance. It clearly shows the failure of the construction of the county autonomous by the National Government.Chapter IV analyzed and compared the approach of the constitutional construction of China in the first half of the20th century, and comprehensively considered the constitutional significance of the county autonomy of the National Government. It finally comes to the conclusion that the basic autonomy towards the national constitutionalism is a feasible way for the construction of constitutional government. Especially under the background of the contemporary economic development, political stability, social stability and sovereignty, the condition of national constitutional construction has been completed, we should emphasize the importance of the bottom-up constitutional construction from local to central, to make up for the inadequacy of the current government leading constitutional construction mode. Therefore, this article proposed to guarantee the implementation of local autonomy by the rationalization of the governance structure, formation of the unity of autonomy, real democracy and constitutional government spirit cultivation. That could ensure the vigorous growing of local autonomy and democracy, and laid a good foundation of constitutional construction for the country.The Conclusion summarizes the research value of the county autonomy during the period of National Government, and again emphasize the important practical significance of the bottom-up national democratic constitutional construction on the term of the readiness of the basic conditions for the implementation of constitutional government.