Research On The Impeachment And Punishment System In The Nanjing National Government Period

The system of impeachment and punishment in the Nanjing Nationalist Government began with the establishment of the principle of separation of ammunition and punishment,which was an embodiment of the modernization of Chinese political system in the Republic of China and the beginning of the formal decentralization of supervision system.However,such an initiative not only aroused dissatisfaction of the supervisory committee,but also received criticism from the academic circle.Many people advocated that the power of punishment should be returned to the supervisory court,so that the supervisory court could conduct self-examination to improve the efficiency of supervision,but neglected the fairness of supervision.An excellent system should not only stand the test of practice,but also be forward-looking and advanced,that is to say,it should have the possibility of further development,which requires the system to stand on the shoulders of predecessors,and the system of impeachment and punishment established during the Nanjing National Government is such a system.From the perspective of history,as far as world history is concerned,the balance of power has become the trend of the world.Various countries have separated the power of punishment and established the civil servants' disciplinary committee.On the one hand,the purpose is to restrict the power of impeachment,punish the civil servants who break the law or neglect their duties,and correct the misconduct of civil servants.On the other hand,the protection of civil servants is included in the punishment,making an attempt in human rights.The establishment of the civil service disciplinary Committee is not only to combat corruption,but also to provide civil servants with the opportunity to defend and remedy,avoid unjust cases,ensure the fairness of impeachment,and make the supervision work impartial and objective.In terms of the history of the Republic of China,both the Beiyang government and the Guangzhou government made explorations and attempts of decentralization,which were embodied in the reform of institutional setup.The Beiyang governmentset up an administrative office in the Pingzheng Yuan to separate prosecution and trial,but it was still located in a courtyard.It was not until the Guangzhou government separated the disciplinary organs from each other that an independent punishment court was set up.However,owing to political instability and insufficient funds,such an innovation was soon declared a failure.It was not until the Period of Nanjing National Government that,on the basis of early practice and combined with the theory of separation of powers,the separation of impeachment and punishment institutions was completed.The institution dominated the operation of the procedure,and how to run the impeachment and disciplinary procedure orderly was another achievement of the Nanjing National Government in the design of the system.First of all,there is a reasonable division of power.According to the law,the power of impeachment is responsible for investigation and prosecution,and the power of punishment is responsible for trial and judgment,which do not interfere with each other.Secondly,effective cooperation is formed between the two powers to share the facts and evidence of the case,share each other's work,save supervision resources and improve the efficiency of the procedure operation.Finally,the two powers restrict each other.There is no impeachment and no punishment.Impeachment limits the content and scope of punishment.With such scientific distribution and close cooperation,the impeachment and disciplinary procedures can play a supervisory role,which ensures the fairness and efficiency of supervision.Thus it can be seen that the system of impeachment and punishment during the Period of Nanjing National Government was a forward-looking system that walked from history to the future.It is inevitable that such a new system will have all kinds of problems in practice.At that time,there was a lack of coordination and excessive restraint,but this could not be entirely attributed to the defects of the system itself,but also involved more fundamental and deep-seated reasons such as corrupt bureaucratic habits and the one-party dictatorship of the ruler.The deficiencies of the system can be improved,but the autocratic attitude of those in power and the deep-rooted thought of traditional official standard need to be changed and corrected from generation togeneration.Therefore,only from a relatively objective perspective can we fully understand the merits and demerits of the impeachment and punishment system in the Period of Nanjing National Government,and look to the future of the supervision system reform in China beyond the present achievements and efficiency.