Research On Impeachment System In The Constitution Of The Republic Of China

Impeachment means that the statutory organ with the impeachment right prosecutes the subject of public power who has the cause of legal impeachment,such as violation of law or negligence of duty,in order to investigate its legal responsibility for supervision after the event.This paper takes the impeachment system in the Constitution of the Republic of China as the research object.According to the different political background of impeachment systems,the period of the Republic of China can be roughly divided into three periods: the period of Republican system,the period of variation of republican system and the period of Five-power constitutional system.The impeachment system of each period is discussed separately in order to reveal the change of impeachment mode during that period.This paper mainly focuses on system design,subject,object,procedure and practice.Subsequently,it analyses the development course of the ideological basis of impeachment system in the constitutional system of the Republic of China,the function and defects of impeachment system,and the enlightenment for the present.The first part is the creation of impeachment system under the Republican system.The Nanjing Provisional Government of the Republic of China adopted democratic republicanism,separated three powers and studied the parliamentary supervision system of the West.The Senate,as the legislature,had both the power of supervision and was the main body of impeachment.The object of impeachment was the rebellion of the President and the violation of law or dereliction of duty of the civil servants.It did not involve the impeachment of the Vice President.In this period,although dare to impeach the high-ranking people,but the results were all gone because of the constrains of all parties.Therefore,the copying of the western bourgeois parliamentary supervision system was not a good move.The second part is about the variation of republican system and the evolution of impeachment system.After Yuan Shikai came to power,he established the Northern Ocean government,which contradicted the Republican system.The "Treaty Law of the Republic of China" established the dictatorship of the president,and established the system of impeachment with a strong sense of retro.Because of the dictatorship of the President,the impeachment of the President was just a dead letter.Establishment of the Office of Suppression of Politics was to exercise impeachment power,which was independent of legislation,administration and justice,and was directly subordinate to the President,which had the charm of the Ming and Qing Dynasties Capital Procuratorate.Compared with the republican system period,the other impeachment targets,impeachment causes and impeachment procedures were more extensive,specific and diverse.Whatever its form,it served essentially to consolidate its dictatorship.The third part is the impeachment system under the five-power constitutional system.Guided by Sun Yat-sen's "Five Powers Constitution",the Guangzhou and Wuhan National Governments initially attempted to establish a new impeachment system and established the first independent supervisory institution in modern China ——the Supervisory Office,which marked a new stage in the construction of China's supervisory system.A penal institution was established to exercise the power and function of punishment.The separation of bullet and punishment was carried out in the early stage,and the integration of bullet and punishment was carried out in the later stage with the incorporation of the punishment official's court into the supervisory office.This was also the practice of Sun Yat-sen's thought of "the integration of bullet and punishment".Subsequently,according to Sun Yat-sen's "Five Powers Constitution" theory,the Nanjing National Government implemented the independence of supervisory power and set up a special supervisory office to exercise impeachment power.Perfect legislation,establish a complete impeachment system,all civil servants will be included in the scope of impeachment,impeachment procedures are increasingly improved,and the establishment of local impeachment system to make up for the gaps in the past for local impeachment.From the point of view of operational practice,impeachment has a large number of achievements,but it is often unsatisfactory to study the symptoms reflected in its practice.The fourth part is about the evaluation of impeachment system in the Republic of China.Firstly,the power of impeachment under the two political systems of "separation of three powers" and "separation of five powers" is elaborated.The impeachment system in the whole Republic of China experienced the development process from the subordination of the supervisory power to the Parliament under the separation of powers to the independence of the supervisory power under the Five-Power Constitution,which is also the development process from copying the foreign system to self-exploration.Secondly,based on the foregoing content,the historical role of the system and its defects are analyzed.Acknowledging the positive role of impeachment system in the whole period of the Republic of China,at the same time,objective analysis of its defects.The fifth part is the conclusion.According to the discussion of the first four parts,this part carries on the reflection,the summary,obtains some enlightenment for the present.Firstly,the purpose of impeachment system is to supervise and punish,and to urge public servants to perform their duties with heavy cost of mistakes.However,the impeachment system implies a game between various powers.In a specific political environment,its effectiveness depends on the rationality of power allocation.Secondly,only when the complete impeachment system is established in a democratic political system and a sound legal environment,can it really play its role.