Exploring Modernity Of Legal Supervision System Of The Republic Of China

In modern China, the continuation of nearly two thousands kingship always there? Because of social forces can't break the national pattern of this power imbalance, There is no limit on the state power and constraints. Change it that the late Qing dynasty faced the reality. The Constitutional and reforms to realize the combination of kingship and the modern state in the late Qing dynasty, but in failure. System reform and legal revolution in late Qing dynasty opened the prelude of modernization of the legal supervision of the government. The outbreak of the "Xinhai" revolution, opened a new era. The government began to the modernization of the legal supervision of the government of the republic of China. The establishment of Nanjing temporary government of the republic of China as the starting point of the government of the republic of China law modernization.The Republic of China era is a most significant time for the national transformation and modern state construction of contemporary China, and also a necessary stage for China to develop to the modern society. However, as the national transformation and modern state construction in the Republic of China era were unsuccessful, the modern value of the government legal supervision system was denied. Additionally, the "selective amnesia" mindset has hindered the discussion thereof amongst people for a long time, resulting in a lack of the summary of constitutionalism in the Republic of China era, and a loss of the resources concerning the modern value implied thereof.Based on the texts of the Constitution and laws of the Republic of China, this paper establishes the judgment criteria by comparative analysis to search for the elements with modernity value in the government legal supervision system of the Republic of China era, aiming to retrieve the "authentic look" of the exploration of constitutionalism in that era.This paper consists of five chapters.Chapter One is the introduction, discussing the motives of the modernity of the government legal supervision system in the Republic of China era and its research value.Chapter Two discusses the determination of the thesis as well as the research'ideas to understand the thesis. The Republic of China constructed a modern government to implement the construction of the modern state, with the government legal supervision system working as the state system, which basically was designed to regulate state power in a constitutional democratic way and to realize the standardization of state power, thus fulfilling its functional value to keep the state power in the cage of laws. Analyzing on the basis of the dichotomy framework of "modernity and tradition", the author explains the rationality of the thesis to be discussed in this paper. Comparing with the model of "endogeny" and "externalization" model, the paper explains that the modernity of the state system originated from the "transmission" from outside China at the beginning, with the nature of "externalization", then internal innovation within the state system enhanced, giving the modernity of this system the nature of "endogeny". They are also the characteristics of the modernity of the government legal supervision system in the Republic of China era.Chapter Three expounds the modernity of the legal supervision system of Beijing government of the Republic of China, intending to interpret the continuation of modernity and the twists and turns on the ways of its advancing. The legal supervision system at the beginning of the Republic of China era was formed and advanced on the basis of the Constitution and Legal System Reform in the late Qing Dynasty, when the republican revolution led directly to the choice of separation of three powers and checks and balances of powers. These constitutional democratic elements bear the nature of externalization and localization at the same time. By a thorough analysis of the decline of the representative government system in the period of Beijing government of the Republic of China, the author finds out that the constitutionalism at the beginning of the Republic of China era constrained the realization of civil rights, making the loss of people's support of the constitutional democracy, and triggering the changes of governments. Taking separation of three powers and checks and balances of powers as a model, the legal supervision system of Beijing government of the Republic of China played a strong institutional role in the checks and balances of state power, but the three key elements of constitutional legislation, administration, and jurisdiction were either weakened or softened, losing the balance in the institutional structure. The independent judicial power failed to strike a balance between the legislative and administrative powers in the game of the two, which affected the safety and reliability of the constitutional democracy.Chapter Four presents the modernity patterns of the legal supervision system of Nanjing government of the Republic of China, aiming to explain the historical turning points and the abrupt termination in the evolution process of the modernity of the system. The Nanjing national government achieved unity and integration and established five branches as carriers of the work division, reflecting the modernity of the government legal supervision system. However, the party-government structure in the Tutelage Period changed the political commitment responsible for the people of the Republic of China, and failed to honor the text of the Constitution, bringing an abrupt termination of the modernity of the legal supervision system of the Nanjing national government.Chapter Five concludes the analysis of the evolution and termination in terms of the modernity of the government legal supervision system in the Republic of China era. Two phases of the evolution of the modernity of government legal supervision of the Republic of China are vividly pictured by the three-power balance system of Beijing government and the five-branch governmental system of Nanjing national government. Of these two systems, the choice of Nanjing national government is more creative than that of Beijing. Whether it be Beijing's choice or Nanjing's solution, neither of them, rational at their best, could overturn the tragic termination of the modernity evolution in the systems, when the state transformation was doomed to fail. During the Republic of China era, the state transformation combined with ceaseless wars and power conflicts objectively restrained the establishment of a "Chinese Nation" state, as well as a modern legal government. The exploration of the modernity of the government legal supervision systems revealed the attempts of constitutionalism, shedding lights on more thinking:the modernity of government legal supervision system can be solid legal power to shut the powers in the cage of laws, but it is not the modernity of the system itself that keeps the powers in the cage, but the fundamental problem lies in the modernity capability of the political force that dominates in the construction of the modern state.