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On The Property Of The Nanjing National Government Supervisory Institution

Posted on:2019-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:M L WangFull Text:PDF
GTID:2416330566495380Subject:Law
Abstract/Summary:PDF Full Text Request
The Nanjing national government Supervisory Institution is a full-time supervisory organization created by Sun Yat-sen's "the five-power constitution" idea.It is not only a practical product of the theory of Sun Yat-sen's supervision power,but also the final choice after the trial of a variety of supervisory systems in the early Republic of China.The institutional construction of the supervisory authority began in the period of the Guangzhou National Government,and it was only during the political tutelage period of the Nanjing National Government that the Supervisory Institution was put into practical operation.Although the institutions and systems have been perfected continuously in this period,the actual effect of the Supervisory Institution has always been unsatisfactory.During the period of political tutelage,the Supervisory Institution inherited and developed Sun Yat-sen's supervisory power theory in the arrangement of legal system,and further expanded the authority of the Supervisory Institution on the basis of the impeachment right,including the establishment of the supervisory power under the ancient system and the new right of suggestion and correction for the needs of the wartime.But in the situation of one party dictatorship of the Kuomintang,the Kuomintang was blocking and interfering with the slogan of "Party training and administration" to the operation of the Supervisory Institute,the exercise of the powers of the Supervisory Institution is not thorough.After the constitution,the situation of "party governance" remained unbroken.Even if the "Party training" was lost,the "constitution" was in essence the cover of the dictatorial rule of the Kuomintang,the Kuomintang's control over the regime is more deceptive and the interference of the Kuomintang to the Supervisory Institution was even worse and the actual effect of the Supervisory Institution was difficult to play.At that time,people jokingly called theSupervisory Institution a "nursing home," and while monitoring the name of "the highest supervisory authority in the country," the supervisor could not.the Supervisory Institution in the period of political affairs is an extension of the administrative power under the party state system.It belongs to the bureaucracy with supervisory function within the administrative system.It has been developed to the constitutional period,the relevant legal system arrangements of the Supervisory Institution have deviated from Sun Yat-sen's theory of supervision rights to a certain extent,and the right of consent has been added on the basis of the original authority.The neutrality of the Supervisory Institution as a supervisory authority was further shaken and the legislature was divided,and the political color is becoming more and more strong.
Keywords/Search Tags:The five-power constitution, Supervisory institution, The period of political tutelage, The constitutional period
PDF Full Text Request
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