Font Size: a A A

The Research Of Impeachment System In Western Developed Countries

Posted on:2011-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:R HanFull Text:PDF
GTID:2166330332462040Subject:Political Theory
Abstract/Summary:PDF Full Text Request
Impeachment is a law program to let off the misfit's public office,research the impeachment in the western country is important to our democratic institution-building. In this paper, to define the nature and characteristics of the impeachment system accurately by the methods of literature analysis and historical study, so that we can learn from it in order to establish a more comprehensive monitoring mechanism, thereby constraining government behavior, and promote socialist democratic process. Impeachment first place in ancient Greece, Cleisthenes reformed and created shell impeachment, provides an important basis for the modern impeachment. In 14th-century England made the impeachment to be a political system to remain, after 400 years of history, the impeach system retreat in the United Kingdom. 1787 Constitution established the United States of impeachment, the wind of the impeachment rise again. Eventually, the impeachment system are universal.in France, Germany, Japan, and the worldImpeachment plays a prominent role in the democratic system of major. Firstly, Impeachment is the most important part of the political system of separation of powers,which is a constitutional system based on democracy,and It safeguards the balance of political power.Meanwhile, the separation of powers and checks and balances system is produced by the premise of impeachment,whose development and use of the production system leads to the production of impeachment. Secondly, the impeachment of the system is designed in a constitutional system of government to protect the rule of law, to prevent the government and the rulers above the law or violation of legal. Constitutional thought is the basis for the realization of impeachment,and the longstanding rule of law and legal awareness created an important condition for foundation of the Parliament impeachment. At the same time provided by law fair and just principles are realized in the impeachment proceedings. Again, impeachment theory in their specific operating system and the implementation process clearly reflected the thinking of popular sovereignty.The thinking of popular sovereignty also creats a condition for the final set of impeachment. Finally, Impeachment power is one of the parliamentary functions. "Parliament is supreme" traditionally and indirectly promotes the establishment of impeachment, also the impeachment power must practice the thinking when it plays its role.Different form of government, different laws and regulations in different countries, so that impeachment target,accusation standard,impeachment proceedings and the results of impeachment also is vary. By a comparative study of the impeachment system in Britain and United States, France, Germany, Japan and other countries, is of great significance to give us a better understanding of impeachment of the system. As a monitoring system, Impeachment are also unavoidable numbers of difficulties in the hundred years of the development process. Such as the impeachment process is complicated, and waste are serious and cause more harm than good; the activate of the impeachment proceedings, as different political parties, between different interest groups contending for power tools; the impeachment is a kind of reserved powers, not only the low frequency of use, and the low success rate .In today's world civilization, promote the rule of law and constitutional system, impeachment is still occupy an important position, and display their own particular value and dynamic force in the wider framework. Therefore, we need to do a in-depth study of this impeachment idea, borrowed for its own purposes. Research and writing this article, is different from previous researchers, this paper mainly from a purely theoretical level, By "separation of powers and checks and balances", "constitutional", "popular sovereignty" and "parliamentary supremacy" and other terms to explain the impeachment of the system in a democratic system of the status and role so as to arrive on the helpful significance to our system of the integrity of the political system and reform from western countries, the impeachment can be an effective control system, not just the power to prevent excessive concentration of power and the adverse consequences of expansion, but also helps to promote democracy, ensure the people exercise their democratic rights.
Keywords/Search Tags:Impeachment, Democratic, Authority, Supervise
PDF Full Text Request
Related items