| Modern state-building is the dual process of construction not only national state but also democratic state, to realize the transformation from dynasty state to nation state, from tradition politics to democratic politics. The early Republic of China(1912-1928)is the transformation, We still in the transformation of The Three Gorges of history. There are some general character on the state –building between the contemporary era and the early Republic of China. Why and when and how about the relation between central and local government was set in constitution? If it expressed the deserved function? The reasonable allocation on power between central and local government is the purport of this paper.The object of study is the relation between central and local government, the essence is the gather or decentralize of power. The reasonable allocation of power between central and local government is the premise of Modern state-building, unreasonable allocation of power between central and local government can lead to cyclic dilemma of the gather or decentralize of power. It has carried out traditional centralism in long-term of Chinese history but transitory local military governor. The allocation of state power fall into the circulation of the gather or decentralize of power.“Through the changing from the one thousand”in the late of Qing dynasty, the collision of Chinese and western, the door of Chinese was open, the Qing empire was confront with the world, the society transition was appeared from the traditional society to the democratic Republic of society.The relation between central and local government has changed in the society transition. Firstly, local power has grow gradually and became strong in the process of dealing with domestic strife and foreign invasion, the change due to the weakness of the central government, the dominant right of modern transfer from the central government to the local government.Secondly, the fusion of Chinese and Western in the great change era made the Chinese facing the double choice of tradition and modern about national structure form. There are some new theory about the relation between central and local government, such as federalism, local autonomy, provincial constitution. The core of the relation between central and local government is the weaken of the central government and the lack of political centre, so reconstruction of politics is a theme of modern China. The process of gathering or decentralizing of power is to rediscover the central authority and construct modern state. For the China with tradition centralization, the theory disputes and political practice in the late Qing and early Republic is the continue of this tradition.In order to regain power, the Qing government implemented the New reform, but the political system was behind the demand of mass participation, the rebuilding of the central government authority was difficult, it is failure to achieve effective modern reform, the local power master the leadership in the construction of modern country by the revolution of 1911. National unity but not the relation between central and local government was the most mission for The Nanjing Temporary Government in the newly established of the Republic of China. What's more, it is very short period for The Nanjing Temporary Government and there were no time to gather power. The task of building modern countries wasn't realized because of lacking of authority for Nanjing Temporary government.In the face of the dangerous situation on administrative, financial and military affairs, the theoretical cycle unfold the debate on the centralization and decentralization of power and impacted the process of drawing up a constitution. Yuan shikai government carried out the reform of gathering the power. Provincial system is the system arrangement about the central and local power. Yuan Shikai government had provincial system reform firstly as breakthrough of the relation between central and local government, this is the first attempt about local system legalization. Subsequently, the government reformed financial and military power. Then it got some achievements, the power was gathered at the highest level during the early of the Republic of China. But the Traditional Centralization of state power got resist by local government. Yuan shikai took to the monarchy and was failure, Yuan shikai's death lead to it was interrupted about gathering central power and the warlord separatism was appeared. Yuan shikai's centralized failure proved that is not feasible to arrangement the power rely on coercive force.In the military political situation, military was above all, political regionalization was appeared, the relations between central power and local power is in disorder. Military interventions on politics lead to constant political debate, the constitution didn't work, every decision-making lay on power. It is prove that warlords unable to leading construction of modern country. In this period, local system was write in the constitution for the first time.The constitution of the Republic of China in 1923 made a reasonable allocation on the central and local power, but the constitution didn't put into practice?The united province autonomy and the movement of formulate Province constitution strengthen the decentralization of state power further. In the state transition, the realistic political integration needs centralization, but the ideal democratic politics requires the decentralization, it leads to the deviation between text and constitution. It proved the constitutionalism was weak on the power between central and local government.There was the third allocation model on the power between central and local government in addition to the traditional centralization and decentralization, that was keeping balance between central and local government under the authoritarian political parties. The model allocated the power between central and local government according to the nature of affairs rather than how much power to central or local configurations of power. On a certain extent, the model overcame the defect of centralization and decentralization. The model was reason on both traditional and modern, centralization of state power by political party adapt to the Chinese traditional centralized resources, and conducive to centralization of state power. It embodied the modernity of constitutional politics and had rational allocation of the power between central and local government. Parties was mediating power of the central government and local government, it can be rational negotiation and compromise organ when there are conflict between the central government and local government to making dispel the revolutionary forces within the organization. After the national government was established in 1928, both the Nationalist Party and the communist party arranged the power between the central and local government. Nationalist Party deviated from the design on state structure of Sun Yat-sen and fail to gathering state power. The communist party completed the construction of modern country because of building party. To a certain degree, the central power arrangement in Party-state system is reasonable response in the transition of China.The gather or decentralize of power is affected by many factors in the State transition, the overcome way should be given priority to the construction of modern central state, and local autonomy under democratic participation. The development of the power relation between central and local government should be transform form the parties state to the constitutional state. The benign configuration of power should pay more attention on the rule of law than the powerful control,the text combined with the practice of dynamic balance than the static specifications, the dynamic balance between authority and democracy than the unilaterally preference towards the authority and democracy. |
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