Discussing The Division Of The Central And Local Power Under The Constitutions Of The Republic Of China

In our country history, though only a short period of the republic of China 38 years, but political upheavals display in incisively and vividly in these 38 years. This time we can call is warlord political, the warlords both strong and weak fight with each other continuously in the 38 years, turned on ruling, producing a by-product that modern China is put into the "constitution exposition" stage. And the central and local power division whether in Repubulic of China period or in contemporary relates to the whole country foundation and development, especially in the period of military force to support the warlords of the politics is a significant and sensitive issue. Although the 1946 constitution of the Republic China in China mainland had never been performed, its central and local authority regulations has a certain reference significance for handling the relationship between the central government and local government on current China. Thus this article put the key point in 1946 constitution of the Republic China, by the historical datas, through the comparative analysis, historical consensus analysis methods, to research the central and local authority division regulation of the constitution of the period of the Republic of China.This article is divided into six parts. The first part is about the description of the period of the republic of relationship between central and local description: Introduces the essence and local of the relationship between the central and local, and ballpark explain three national organization structure form, finger the influence of the national organization structure form to the central and local authority division, and in the period of the republic of China national organization structure is the unitary institution, and the central and local relationship is loose subordination relationship under unitary institution. Meanwhile,alone discuss the form of division of powers of the central government and the local under unitary. The second part study the central government and the local constitution division of powers of republic constitutions of 1946 years ago: Introduce three central government for period of the republic of constitution, illustrate and analysis the involved provisions of the division of powers of the central and local. The third part introduces 1946 "constitution of the republic of background and formulated division of powers between the central government and local rules and characteristics. The fourth part is the key in this paper, 1946 constitution of the republic of the central and local purview division makes a deep comparison with"five draft constitution"and the provisions of the federal constitution. Point out and show the constitution of the republic in1946 in central and local division of powers from completely different from the provisions of the five draft constitutional. And 1946 "constitution of the republic though have a strong American federalism, compare with U.S. federal constitution, both still exist many differences. The fifth part comments regulations of power-sharing between the central and local of the constitution of the republic in 1946, with pointing out its reasons why American federalism colour. And analyzing the regulations of central and local division of powers of 1946 "constitution of the republic whether accord with the current situation. The sixth part make a recommendation summary about our current power-sharing between the central and local. Combining with the present situation of relationship between the central and local, puts forward conditional reference 1946 "the constitution of the republic rules, implement the central and local moderate decentralized system.The central and local purview division is the core of relationship between the central and local, in our socialist construction process, almost every advance will meet how to deal with the problems of the relationship between the central and local,facing central highly centralition restricted to political and economic development. Although in the period of the republic of China is very chaotic political, the society from all walks of life discuss how to construct national system is extremely active discussion, hardly backward and less contemporary. Republic of constitutions, especially 1946"constitution of the republic", is an excellent example for the central and local purview division.