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Research On Impeachment Of Nanjing National Government System Between 1931 And 1936

Posted on:2008-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhouFull Text:PDF
GTID:2155360215951913Subject:China's modern history
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It is well known, the present supervisory system is the father Mr. Sun Yat-Sen's original creation, is Sun Yat-Sen "the five-power constitution" thought manifesting. "The power minute governs", "the five rights establishes separately" request political power to grasp in the people's hand, so that the legislation, the judicature, the test,the supervisory distinction could be independent. Sun Yat-sen founded the monitoring system is a better use of my desire from Sun and the Moon. First, Sun considers that the monitoring system is an excellent system for traditional Chinese. In ancient China, the monitoring system has been perfect, just the right under the feudal monarchs. Active role in the monitoring system has not been fully realized, so we must draw the form of democracy from the western. Therefore, Sun separated from the legislature and monitors power, authority officials as independent magistrates. This will be beneficial to the monitoring functions of the play, but also regulate the relationship between the legislature and the government. Also at the request of Dr. Sun Yat-sen "empowerment administration", "five of separation of power" in the backdrop of democracy, establish the monitoring system. Nanjing government building, a five-hospital system established. The Control Yuan established on February ,1931. It is the main form of the impeachment system.To ensure the normal exercise of the power to impeach, the Nanjing government promulgated the "political training program," "National Governmental Organizations Act," provides a form of government of Nanjing, the Nationalist government established the legal status of the Control Yuan. "The Control Yuan Organization Law," "Law of impeachment", "Punishment Law," "monitors security law," "Supervision Causes Supervisory Rule"and so on detailed in the impeachment process, the main object of a series of impeachment. So that the implementation of the law of impeachment, to monitor the duties and rights of members and provides more legal protection. Facilitate their work better.But how to test the effectiveness of a system and not solely from the formulation of the system fair. Practice is the sole criterion of truth, the actual operating system impeachment direct examination of the merits and demerits of the impeachment system.According to statistics, from the Control Yuan set up in February 1931 to the end of December 1936, a total of 857 cases of impeachment. 1,436 officials were involved in the impeachment, which the offender about 77.629%, or about 22.3% of dereliction of duty. First, although he was involved in the impeachment of elected officials, aspiring, officialdom, duration, apposition ; the military and other officials at all levels, but most of them duration. Commission office officials and justice rarely touches on the roster; second, from his office titles, a government official was head of the impeachment 457, or about 31.82% of the total. A total of 365 civilian impeachment, or about 25.42% of the total, a member of 2; Third, from their geographical distribution, and close to the central provinces, or more to achieve all of the provinces and cities of central authority, such as Jiangsu, Zhejiang , Anhui , Henan provinces has the power to impeach the Control Yuan to exercise more; Instead, the distance from the central provinces, or fails to achieve the central power in the provinces, The right of the Control Yuan to impeach the exercise is relatively small. Basically, a few provinces and municipalities are also increasing in recent year's impeachment case. However, "9. 18 "Incident, the Japanese occupied areas into the northeast, the government obviously monitoring power failure in the Northeast. This places the impeachment case is almost equivalent to "0." Although the establishment of the Control Yuan from 1931 to 1937. The cases of corruption involving government officials up to 69,500 people, and the hospital received only 1,800 people to the indictment. The findings, "the Control Yuan's 1800 corruption case, Only 268 were convicted by a court or other legal institutions. 214 have not been any problems among of the 268 people ,only 41 people have been very light punishment such as reduce its tenth the wages and so on. Only 13 of 268 officials guilty of space is really official. It is really the surprising.Yu Youren once established the brave words "a mosquito, a fly and a tiger, as long as harmful to his people, He gave equal treatment , is not specifically destroyed small, replete with a large, No matter the place, which is not small. " During this period play more representative of the "tiger" to impeach the president of the Executive Yuan , Wang Jingwei, Foreign Minister Wang Zhengting. Railways Minister Gu Mengyu, commander Zhang Xueliang of the northeastern border. But even if they raised the impeachment, has been stuck at the pace of impeachment; Even such a high official to step down. Control Yuan has not played a role in the impeachment, but leaders of the personal space. Impeachment of their role. Control Yuan was only "just kill flies, but not tigers" as a result.In short, this period, the impeachment system, perfect is worthy of recognition. However, the official view was obviously the Control Yuan to impeach officials only dare "kill flies," even if the volume is there are many flies fly. As for the tigers, although occasionally can feel the tiger's buttocks, but even so it is not easy. Therefore, impeachment is unsuccessful.This is the main factor causing the Nanjing government on behalf of the interests of the big landlords and big capitalists dictatorial government. Chiang Kai-shek is the head of the myriad things, the Control Yuan, as the state machinery must turn around him. China's bureaucratic and political continuity, inclusive, in depth the implementation of all the Chinese people's minds, especially the minds of the officials. Officials of the key values of life. Chinese officials lead to bureaucratic and political corruption, not fair and just impeachment for violation of the law or dereliction of duty by government officials. Monitoring system of defects, the Control Yuan has no real power and is not an independent exercise of powers; The legal system is not imperfect. Although the "impeachment Law," "Discipline Act," "monitors security law," and so on a variety of legal systems, but it is also the legal system is not stringent enough. Many government officials in violation of the law or dereliction of duty so many legal loopholes, the result could not be subject to a disciplinary punishment. Even if the punishment is very light punishment; and the formulation of the legal system has some real differences. Nanjing government officials busy all day long with the drafting of the document, rules, These are not the actual law -- but can not be implemented; lack of media monitoring system; and the power to impeach the disciplinary isolation; monitors itself can lead to corruption. Yu Youren personal factors, although is honst ,strong and unyielding, however, is greatly reduced. In particular, under the pressure of Chiang Kai-shek, the only choice is to quit and play it safe. So that the Control Yuan, noting that the placement into "homes."This paper mainly focus on the outcome of the impeachment operating system analysis is From another dimension of this period reveals the condition monitoring system, thus jumped out of the study before single-monitor system from the old system, a broader vision research. And the 1931 to 1936 time of the selection, the work reflects the normal state of the Control Yuan, After the outbreak of the War of Resistance Against Japan and China, the wartime policies are not entirely objective Nanjing, the Nationalist government revealed the political system. Through the new monitoring system from the perspective of new area of exposition, let us look a little more objective understanding of the Nationalist government in Nanjing. Nanjing understanding of the political system, exposing the face of Chiang Kai-shek's autocratic rule. Chiang Kai-shek was defeated and escaped to Taiwan reflects the inevitable result. Monitoring system, the system of impeachment of modern surveillance, the system is also quite useful for reference.
Keywords/Search Tags:Impeachment
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