A Study On The Associational Legislation Of National Government Of Nanjing (1927～1937)

The first ten years of the national government of Nanjing ruling was the period that the different fields developed faster since the 1911 Revolution in the Chinese society. After the national government of Nanjing set up, it had carried on the systematic associational legislation. Under the guidance of these regulations, the Kuomintang government has rectified people's organizations in an all-round way, and formed a criss-cross system of people's organizations. The national government has strengthen the building and reorganization of associations and law with deeply political background. After the Kuomintang made the transition from Revolutionary Party to party in power, it had established the system of the policy of training, relations of party's and people's were changed into controlling system from the mobilization system. Under this background, the Kuomintang has carried on reconstructing the system to the people's organization again, trying hard to set up the system of people's organizations under the leading of the Kuomintang and government, in order to consolidated the Kuomintang government's social base. National government has legislated for going on system rectifying and supervising to the folk associations. The Kuomintang and government could grasp the distribution , controlling activities of the association's , guiding developing direction of the associations, establishing the institutional space for the operation of theassociations through associational legislation .This had a great impact on society at that time and after that . The researching of the association's law of the national government of Nanjing was overall comparetively. The content of this thesis is divided into six following parts mainly: First part, have investigated to the gradual progress of the modern previous association's legislation mainly, have introduced the progress and limitation of the modern legal system of Chinese association briefly. offerring for investigating associational legislation at the previous of national government of Nanjing. Second part, have studied the association's legislation of the national government of Nanjing on total perspectivity. probing into the source of stage, levels and France mainly. Is it summarize and analyse, investigate to some basic characteristic, system content and historical origin in this period. The third part, have analysed background, guidelines and motive of associational legislation emphatically. The legislative background was deeply. On one hand, the independence and independence of the folk association had a tendency to strengthen, on the other hand , after the Kuomintang made the transition from Revolutionary Party to party in power, it has established the system of the policy of training, party's and people's relations were changed into the controlling system from the mobilization system. Under this background, the Kuomintang has carried on reconstructing the system to the people's organization again. Meanwhile, these legislative activities were guided by the ideal of " the party manages " thought of the Kuomintang, motives have only two: Mobilize for politics to control the people's organization; Control the professional association in order to develope industry. The fourth part, Regarding legislative content as the view point would investigated to the level . Dividing into three respects: the comparison and pertinence of a analysis of the special content , roundup and lacked content. It was a analysis of the special content at first. Having investigated in supervised , registration and regulation content of association's managing . Secondly, the comparison of the roundup content. Choosing " the law of gathering and association" promulgated at latter stage of Qing Dynasty, " the law of public security and police " issued at the Northern Government, and " the revising the scheme of organizing of people's association " drawn up at national government of Nanjing, adopt the comparative law of charts to compare. And summarized the pertinence and disappearance of legislative content. The fifth part , Inspecting the association living space under the law. Associations were Cleared up and rectified under the law. the Kuomintang had supervised and subsidized to associayions which were reserved in order to extroit the independence of association.These had controlled the political fuction of association.Facing the brute force of the national government of Nanjing, some associations had not sunk into and withered away at this point , but made use of current political situation growth and decline of the politics authority of national government of Nanjing to resist, seeking space to survive. The fights of these associations had maken the government's legislation result of association lessen some discount too. The sixth part , carrying on brief evaluation and analysis to the association of national government of Nanjing mainly. Proving especially that the implementation of associational legislations has made certain effect, but, in genneral, the associational legislations had break away from the track with modernized legal system, having hindered the democratization process of the society in fact This thesis tries to do some beneficial studying in several following respects: First, hold the basic development train of associational legislations at previous of national government of Nanjing on the whole; Second, regard legislative content as the view point, hold the essence, competence and effect of associational legislations and carry on deeper analysis especially; Third, in term of associational legislation, explaining and analysing the inherent relation of legislating, modernized and social democratization.