Research On The Supervision System Of Sustaining Government In The Early Period Of The Republic Of China

The system of Suzheng supervision and control was established during the transformation from republican to imperial in the early years of the Republic of China.It is the result of the integration of traditional Chinese imperial history system and modern power restriction and rule of law.This system was named "Suzheng Supervision" because of the establishment of the Suzheng Office,which exclusively and independently exercises the power of supervision.During the "Republic of China Constitution" period,it replaced the parliamentary impeachment system established by the "Provisional Constitution" and created a new mode of official governance,that is,Suzhengshi impeaches the officials who violating the constitution,violating the law and dereliction of duty,so as to start the mechanism of punishing officials.In the constitutional sense,the establishment of the Suzheng supervision system was intended to realize the remedy plan of power control after the separation and balance system of the three powers was broken in the early Republic of China.When reappraising this institutional arrangement today,it may be important not to expose and criticize it,but to show its growth characteristics and Chinese-style problems exposed in the process of creation and practice,as well as the unique thinking of how to restrain power after the transformation of the constitutional system.At the same time,the revelation of the outstanding features of this unique system in the aspects of organization,norms and operation may also provide some enlightenment or even reference for the construction of national supervision and rule of law.Based on the historical and constitutional framework,this article explores and analyzes the Suzheng supervision system of the earlyRepublic of China from the dynamic and static dimensions.Specifically,it starts from the following six questions:The first chapter is the origin of the Suzheng supervision system in the early Republic of China.The mode of administration of the republican system in the early Republic of China was the impeachment system established by the Provisional Constitution.After the establishment of the impeachment system in the Parliament,the agitation of impeaching officials gradually began,including the agitation of impeaching central officials and local officials.The impeachment wave in the parliament not only shows the elegant demeanor of representative democracy,but also exposes the immature and defects of the parliamentary impeachment system in its early stage,such as the absence of impeachment process,the mixed use of the power of impeachment and the right of distrust,and the fact that impeachment has become a means of party contention.Subsequently,with the paralysis and disappearance of the Parliament and the transformation of the political system,the impeachment system of the parliament was abolished,and the restriction mechanism of the legislative power on the executive power also disappeared.In order to rectify the bureaucracy,the Constitution Council set up a supervisory office under the Pingzhengyuan,and created a system of supervisory laws and regulations according to the constitutional arrangement.The second chapter is the organization mode of the Suzheng supervision system.Its contents are mainly from two aspects: one is the establishment of the Pingzheng Yuan,and the relationship between it and the Suzheng Ting;The second is the organizational form of the Suzheng Ting,to clarify the structure of its supervisory function organization and internal affairs supervision organization in the supervisory system.The establishment of the Pingzheng Yuan was a new system of regulatingofficials according to the modern administrative judgment system,which was different from the previous system of managing officials.This institution already existed in the institutional arrangement of the Provisional Constitution.In the period of the Constitution of the Republic of China,the Suzheng Ting was attached to the Pingzheng Yuan as the supervisory organ for the rectification of civil affairs,but it exercised the supervisory power independently,which was independent of each other in terms of functions and finances.The Organization and personnel of the Suzheng Ting are very streamlined and consist only of a central body,consisting of functional organizations and internal affairs organizations.The functional organization is composed of the general meeting of the Suzheng Ting,the Suhzheng Shi and Du Suzheng Shi exercise the supervisory function,and selected in accordance with the strict selection procedure.The third chapter is the allocation and practice expansion of the power of Suzheng supervision.There have always been disputes over the nature of the Suzheng supervision.In the Period of the Republic of China,it was regard as "administrative supervision power" or "administrative supervision power" and "procuratorial power".However,in the author's opinion,the function and powers of Suzheng supervision were independent national supervision power.Because from the constitutional point of view,it replaced the "provisional constitution" on the allocation of three rights,and became the allocation of four rights.The legal power of Suzheng supervision includes the right of rectifying bullets,the right of administrative public prosecution and the general right of supervision stipulated by laws and regulations.In practice,the power extended by the Suzheng Ting is mainly the power to supervise specific economic activities and the power to make political Suggestions.These powers are generated either by specific orders issued by the President or by theSuzheng Ting at the request of the President.The fourth chapter is the operation mechanism of the Suzheng supervision system.The operational mechanism of Suzheng supervision and control includes the starting mechanism,investigation mechanism,disposal mechanism and the trial and punishment mechanism of the rectifying incident after it is connected with other powers.Among them,the initiation mechanism includes two kinds: active and passive,which ensures the maximum scope of impeachment.The fifth chapter examines the actual achievements and limitations of the Suzheng supervision system.Judging from the actual achievements of political supervision,it is mainly reflected in the following aspects:first,the actual effect of correcting bullets for senior officials and general officials,as well as the actual effect of correcting bullets for civilians.The second is the efforts made by the Suzheng Shi resist the restoration of the monarchy.The limitations of the Suzheng supervision system are mainly manifested in the weak desire to prosecute and inform against caused by the people's aversion to litigation,the obstruction caused by the strict procedure of informing,the lack of local supervisory organizations,and the difficulty in verifying cases due to the limitation of the power of investigation.The sixth chapter is the reassessment of the Suzheng supervision system.The academic and political circles held almost the same attitude and position towards the Suzheng supervision in the early republic of China,lacked real cognition and objective judgment.Therefore,it should be reappraised from the following aspects.First,from the point of view of the form and content of Suzheng supervision,it is not a complete restoration,but the integration of ancient and modern.For the old form does not determine that it must be the old.For example,although the impeachment by Suzheng Shi to the government(the President)is similarto the impeachment by Yushi to the court(the emperor)in the traditional Chinese imperial history,the former has laws to follow,that is,to mention the unconstitutional and illegal behaviors of officials,which is fundamentally different from the latter.Second,the Suzheng supervision system itself is worth reviewing.For example,from the perspective of institutional arrangement,the right of rectifying ammunition reflects the lack of the power of supervision itself.For example,the effectiveness of the power to supervise the government depends not on the truth of the facts but on the support of the President.Third,the Suzheng supervision system has important enlightenment to the construction of the supervision system in our country.It is mainly manifested in the systematization of supervision norms,the institutionalization of supervision and the institutionalization of people's participation procedures.