Research On The Relationship Between Supervisory Power And Judicial Power During The Period Of The National Government

The construction of the relationship between supervisory power and judicial power in the period of the National Government is generally about the practice of the five-power constitution.On the theoretical basis of the three people's principles,Guangzhou National Government follows the principle of separation of five powers in the establishment of government institutions.During the period of Nanjing National Government,the "three people's principles of revolution and the constitution of five powers" were adopted to construct the republic of China.Therefore,in the period of the National Government,the allocation of supervisory power and judicial power,as well as the construction of the relationship between supervisory power and judicial power,were always guided by the five-power constitution of Dr.Sun Yat-sen.In theory,the relationship between supervisory power and judicial power is to cooperate in order to improve administrative efficiency under the premise of division of labor.At the same time,since supervisory power is the power to "supervise and impeach" officials,there is a design to restrict judicial power.The construction of supervisory power and judicial power of the National Government,from Guangzhou Government to Nanjing Government,was affected by the centralized rule of the Kuomintang to varying degrees,but generally followed the concept of the five-power constitution and was a process of continuous development and improvement.From the perspective of theory and practice,the construction of the relationship between supervisory power and judicial power will play a positive role in promoting the supervisory power's function of "cleaning up bureaucracy",and at the same time,will play a safeguard role in maintaining the judicial power's function of social fairness and justice.However,such relationship construction also has the potential to "help" the government centralize power and cause power conflicts.In the view of "separation of five powers",legislative,judicial,examination,Supervisory four power to match the executive power as the primary goal,which is for the government's control power,from the perspective of ensure and maintain administrative power operation effect,it is carried out in the whole sense and the running result sense,does not involve the mutual restraint and balance between powers,so there are advantages of "helping" the government centralize power.With separation of five powers building of the National Government,although is present in the form of the National Government "monopolizes" all the sovereignty,but not break away from the essence of this relationship arrangement,it is still advantageous to the KMT's requirement for centralized,the Kuomintang by the National Government to interfere in specific judicial cases and the supervision cases,play to the function of supervisory power and judicial power.At the same time,due to the division of labor in the impeachment and punishment proceedings,although many impeachment cases were not handled according to law,because can't carry on the supervision to the procedure illegal behavior in the concrete punishment case,resulting in the decline in the performance of the power of impeachment,affecting the authority of the power of supervision,resulting in the power conflict between the supervisory court and the judicial court on the power of punishment.During the constitutional period of Nanjing Government,because of the requirement of democratic reform,the constitution of the republic of China stipulated the method of mutual restriction between supervisory power and judicial power,which turned their relationship into division of labor and balance.In other words,the power of impeachment and the power of rectifying power should be used to supervise the judicial power,which,by means of interpreting the constitution and laws,restricts the supervisory power and Prevent it from being too powerful.Meanwhile,judicial independence is an effective mean to prevent arbitrary supervision.Therefore,the supervisory power and judicial power constrain and balance each other,in order to prevent overstepping and abuse of power,so as to protect the rights of citizens.