On The History Of The Legislative Yuan Of The National Government

In the space of ruling time by the Kuomintang(Km) in the Chinese fnainland,the Legislative Yuan existed as the highest law--making body of the NationalGoverment and the highest legislative organ of the state.This article elaborates the historical origins of the Legislative Yuan from theaspects of theoretical sources, practical foundation and legal basis; narrates itsfour periods of developing process--the early period of political tutelage, theperiod of the resistance war against Japan, the later period of political tutelageand the period of execution of constitution, analyses the evolution andcharacteristics of its construction and structures, its operation of powers, itsrules and procedures of working and its legislative activities I studies itspositive and passive effects upon the state political and legal system, sums upits historical limitation and the reason it created.Although the Legislative Yuan, as an instrument of dictatorship, was strictlycontrolled by the anD, yet, contributed to its small but highly trained membersand its efficient organizations, it firmly upheld the sanctity of the legalprocedures and partly exercised the highest legislative powers of the state.Moreover, it consolidated the specialization of legislature, accomplished theprofessionalization of legislators, moved the nationalization of the legislativeprinciples, accelerated the perfect ion of the law system, as a result, totallypromoted the modernization of legislative cause of china. However, bound up bysome passive effects stemmed from feudal tradition, one party dictatorship,factional strife and circumstances of war, the Legislative Yuan could notcompletely become the constitutional cornerstone in a law--ruled society.