The Evolution Of Chinese Supervisory Thought In The End Of Qing Dynasty And The Beginning Of The Republic Of China

The traditional Chinese supervisory system takes the maintain of monarchical power as its value goal,the supervision independence as its basic principle,and the elimination of bureaucracy as its main task.This basic theoretical pattern is related to the rule by man in the traditional Chinese society for a long time,and because the Chinese civilization with Han culture as the main body has a relatively stable foundation,it is that there has been no essential change in the ideological system of supervision.At the end of Qing dynasty,the traditional Chinese society was impacted by the western modern civilization,so it responded by changing the system of law and establishing constitution.Under this background,the supervision peculiar to Chinese traditional society once caused great controversy in the official system reform.The debate on the reform of supervision system can be divided into two groups: the government bureaucracy group and the folk new-type intellectuals group.Both of them generally hold the view of rational transplantation which is suitable to the actual situation of the country,but they differ in their concrete positions and reasons.In addition to the traditional supervision of the independent principle to bring about the effect of purging officials as a reason to maintain the traditional supervision point of view,the political bureaucracy also resorted to the protection of sovereign power as a reason.Furthermore,compared with the political bureaucracy,the folk new-type intellectuals more hold the view that the local supervision can enter the western constitutional system and coexist with the western supervision.In the beginning of the Republic of China,China entered the new period of constructing republican constitution.The change of regime often leads to the change of supervisory thought and supervisory system,which leads to the difference between the official and non-official understanding of supervision.The design of the supervisory system of the official Suzheng Hall embodies the rational combination of the traditional supervision and the western supervision,in which the traditional independence supervisory and the thought of maintaining the sovereign power is inherited without criticism.However,the non-official elites reflect on the incompleteness of supervisory independence in the system design of the government office based on the basic principle of the supervision independence.In response to the poor performance of parliamentary political practice,there has been a debate in society about whether imperial supervision can replace parliamentary supervision.At this stage,there appeared a creative combination of traditional supervision and western supervision,that is,the the idea of supervision in the Five-Power Constitution,which had been mature and developed.It rejects the thought of maintaining the power of the monarch and develops the basic principle of traditional supervision and independence.In the ideological system of supervision at the end of the Qing dynasty and the beginning of the Republic of China,the evolution of the thought of maintaining the sovereign power,the independent thought of supervision and the main task of supervision are the result of the inheritance of traditional Chinese supervision and the transplantation of modern western supervision.In the late Qing dynasty,the tendency of Westernization was serious,and in the early period of the Republic of China,the localization was gradually obvious.In order to make the transformation of the modernization of the traditional legal system successful,we must base on the native land to absorb and draw lessons from the foreign legal culture,and break through the obstacles of the westernization in the process of the legal modernization.This has an important enlightenment to the reform of China’s national supervision system.