On The Changes Of The Supervision Power In The Republic Of China

Supervision power comes into being along with organ of authority. Its setting is for governmental power and administering officials. It is in a pivotal position in any form of government. China’s traditional system of government suffers a fatal blow after the Revolution of1911. To make the country rich and its military efficient, different governments of the Republic of China transplant directly "tripartite" political system of the West in the early stage of the Republic of China. The five-power constitution founded by Sun Yatsen is put into practice in the late of Republic of China. However, the actual operation of the control power unavoidedly is resisted by native thought at the early stage. Although it bases on five-power constitution at the later stage, its operation is still unsatisfactory. Both "tripartite" political system and the theory of control power in the five-power constitution do differ in the practice in China and in theoretical pursuit. The purpose of this paper is to study on this issue.The author of the thesis thinks the gap between the theory of control power and actual operation is owning to the transplant of legal system, namely "tripartite" political system as a typical system of checks and balances of power does not accepted by the authorities and the common people in the operation. Although Sun Yatsen’s five-power constitution has a form of checks and balances of power, in essence it is to establish an omniponent government, which is closer to our traditional system of control power. Then it is not surprising to see the system of Supervision power in an autocratic government. This paper attempts to observe and study the evolution of the scope of control power enjoyed by inspection organs during the Republic of China, and to dig deeply for supervision system during the Republic of China from this perspective to find the underlying reason of the change of control power and to sum up the successful reformation ideas and lessons in the process of transplanting western supervision system during the Republic of China.The author of the thesis discusses the issue from five parts according to the way of thinking above, and details are as follows: In the introduction part, the definition of control power is discussed, and confirming the connotation and denotation discussed in this article, also raising the topic to be discussed.The first chapter is about control power in the early stage of the Republic of China. It mainly introduces the intellectual context of supervision system and "tripartite" political system with existing form of the inspection organs and relationship with other sectors during the period of Nanjing Provisional Government and the Northern Warlords.Chapter two is about control power in the late Republic of China. It mainly introduces the intellectual context of supervision system and five-power constitution with existing form of the inspection organs and relationship with other sectors during the period of the National Government and the Government of the Republic of China.Chapter three is about change of the scope of control power in the period of Republic of China. It classifies power of inspection organs and sorts out its development and changes by category of its power in accordance with the chronological process, and makes a comment on it.Chapter four is about inspiration of change of Supervsion power in the period of Republic of China. It sorts out and discusses the reason for the change of Supervision power. The practice of Five-power constitution reveals to us that the important guarantee of making Supervision power develop sufficiently is to correctly deal with relationship of Supervision power and party power, and put Supervision power into the constitutional framework on the system aspect.