Research On The Impeachment System During The National Government Of Nanjing

The supervisory right is a part of Sun Yat-sen’s five-power constitution theory and the development of Chinese traditional supervisory system.The power of impeachment is one of the most important rights in the exercise of supervisory power by the Board of Audit and Inspection.The operation procedure of the impeachment system also reflects the development of the supervisory system.According to Sun Yat-sen’s five-power Constitution and the theory of separation of power and power,and the exploration of impeachment system by Nanjing Provisional Government,Beijing Government,Guangzhou Government and Wuhan Government,the Nanjing National Government formulated and promulgated various impeachment laws and regulations to fully guarantee the normalization and accuracy of the exercise of impeachment power.An impeachment body shall be established to exercise the power of impeachment independently and ensure the legitimacy of the subject exercising the power of impeachment.During the period of Nanjing National Government,there were specific procedures for the introduction,examination,resolution,transfer and publicity of impeachment bills.Theoretically,the exercise of impeachment refers to the impeachment of public officials who violate the law or dereliction of duty by the Supervisory Board under the guidance of the impeachment statute,and the impeachment case established is transferred to the disciplinary body for punishment.In practice,through statistical analysis of data,the impeachment bill applies to a wide range of objects from the president to the township,but there is also the problem of imbalance of official grades and tastes;The scope of impeachment includes violation of law and dereliction of duty,but the definition is vague in specific cases;Impeachment bills are used on a wide range of grounds,from the prosecution of multiple departments;The process of examining and deciding impeachment cases is fair and legal;There is a large number of public notices on the impeachment bill,but the result of punishment is not clear after it is sent to the disciplinary body.Through the investigation of the operation and development of the impeachment system in the period of Nanjing National Government,we can fully understand the specific application of the impeachment system in the period of Nanjing National Government.In the application procedure,through the statistical analysis of data,the impeachment system to the national government of Nanjing produced some effects.It mainly includes two aspects,the positive impact is: to use a wide range of objects of impeachment,to realize the purpose of clarifying the official administration;With a large number of impeachment cases,to achieve the effect of solemn compendium;To enrich the legal provisions to enhance the credibility of supervisory bodies.The negative effects are: the Kuomintang "party rule" interference,impeding the exercise of the power of impeachment;Lack of effective supervision,resulting in weak exercise of the power of impeachment;The restriction of the social environment,whether the funds or personnel are less inclined to impeach,affects the efficiency of exercising the power of impeachment.Although the impeachment system during the period of Nanjing National Government did not achieve true independence of impeachment,it still played an irreplaceable role in maintaining the stability of social order and had a linking significance.The research on impeachment system during the period of Nanjing National Government is still of reference significance to the present.