On The Study Of Supervisory System In The Reign Of Yuan Shi-kai

The rising and abolishing of supervisory system in the reign of Yuan Shi-kai reflect the struggle between the modern democracy and traditional bureaucratic .Also ,it is the important studying content on the change of modern Chinese constitutionalism system. In this period ,the thoughts resources of supervisory system inherited the splendid part of Chinese traditional supervisory culture .The system undergone more than two thousand years ,which formed mature system .Although, it aims at safeguarding the feudal rule as the ear and eye of monarch ,but also has the social adjusting functions and modern mind of supervisory system .That's the reason for far -reaching influence on posterity .The New Politics and supervisory system transformation in Late Qing terminated because of destruction ,but the independent judicial branch which is organized by the principles: separation of powers and judicial independence ,belonged to the modern western culture which is different with Chinese traditional law culture .That's the beginning of modern Chinese supervisory system .It directly influenced the constitutionalism movement in early Republican . The construction of the supervisory system in the reign of Yuan Shi-kai was expressed in making the law about supervisory and creating the administration possessing supervisory function ,such as the Congress,Administrative Litigation Institute (including impeachment Room), High Civil Official Discipline Committee , audit institute etc.The Congress founded during provisional government of Nanjing period . In the reign of Yuan Shi-kai , made the law such as :《the Congress Organization Law》,which Stipulated: "The Congress adopts bicameral system , composed of House of Representatives and Senate ."The supervisory function of the Congress consulted as follows: agreement right , financial right , the power to impeach , interrogating right , please investigate right ,etc .In April of 1913, the first Congress is established in Beijing .In January of 1914 , dissolved by Yuan Shi-kai .In June of 1914 , the Administrative Litigation Institute founded in BEIJING . The Administrative Litigation Institute is directly under the jurisdiction of President vertically and parallel to Dali institute .which mainly exercised the jurisdiction and correcting power . Impeachment Room's main work is correcting independently , its procedure was similar with Procuratorate .The Administrative Litigation Institute Discipline Committee took the charge of supervising the internal officials. In January of 1914 , The High Civil Official Discipline Committee founded in BEIJING . The Committee divides into two parts : discipline of high official and discipline of ordinarily official . The punishment divided into four kinds : strip the duty , degrade , reduce pays , reprimand and punish . In October of 1912 , audit institute founded in BEIJING ,mounted branches in provinces ,which duty was : Audit the expenditure, examine final accounts , check the national treasury, checking the bookkeeping and the procurator has property . During the reign of Yuan Shi-kai , Judicial activity mostly related to the policy dispute at that time .So , Investigating the actual operation of the supervisory can't break away from the political condition and society , which made manifest : Though " autocratic monarchy " was over , Being desirable previously ------" the people managed " had not really come , entered an age of " warlord politics " , " party politics " which mixing the new...