The Kmt's Political Tutelage, Political Parties And The Legal System

Since Party is closely connected with polity,there is no deep research on this problem for legal profession,but only a so-called "party system".If the word "legal" is added up,it would surely lead to misunderstanding,which seems decrease the power and authority of Party.Yet it actually is not.Party grows with the the strengthening process of democratic rights and democracy. The each step of the development of party is so difficult that countless people fight hard for it.Democracy and nomocracy are hundreds years' dreams of China.Under a constitutional government,all organizations and associations should behave within law.Party legal system is a series of criterions and conventions of internal organization,external relationship and ways to get some kind of regime.Kuomintang formally unified China in 1928,and then alleged that they put the end to stratocracy and start as Sun Yatsen wished before he died.After "the national assembly that put constitutional govemment in force" in 1948, president Jiang Jieshi and vice president Li Zongren took up their position, which means the end of allocution period for Kuomintang.So far,the writer has found no system study on the party legal system in allocution period.This article trys to prove the Kuomintang's despotism under the name of allocution through deep research of party legal system in allocution period.In fact,it is not that allocution of Sun Yatsen.This passage,on the basis of brief analysis of Party and Party legal system, especially elaborates the Party legal system in allocution period,mainly including a few parts as below:The first part is about the basic problems of Party legal system.Party is the production of human activity,with the development of society,closely connected with the congress and vote system.Different from some spontaneously-internal-produced parties,chinese party is a typical party produced under great external pressure.To push allocution and manage government,Kuomintang and its government set down a lot of statutes on party aspect.The second part is the internal legal system in allocution period.To know a Party,first to know the internal part of it.Because the internal part is determinant,which decides the essence.Also,this passage would first dedicate on internal legal system.The institutional framework,the financial system and party member system constitute the keypoint of party legal system.This part would concentrate on three aspects,institutional framework,party member system and financial system.Institutional framwork is the foundation to set up a party.The requirements one has to meet to join party,the fights one can have and the responsibilities one must shoulder once he is a member in party and the punishment when the rules are broken,all of these should be made clear in party member system.In the allocution time,many statutes of Kuomintang were related to party member system.Financial system is one facet of party system which involved daily expenditure to run a party,the source of outlay and payment and so on.Thirdly,the legal system of the relationship between party and government agency in allocution time,which means the legal system on the relationship between Kuomintang and the national government,includes the relationship between Kuomintang and the national government,legislature yuan,executive yuan,judicial yuan,examination yuan,and censorial yuan and so on.According to "the creed of allocution" in 1928 and "the provisional constitution of the Republic of China in allocution time" in 1931,it is the responsibility of Kuomintang national congress to hold the central dominion on behalf of national assembly in allocution time.When Kuomintang national congress is close,it is Kuomintang central executive committee to do its function,which fixed up the dominant position of Kuomintang through national basic law.The power and policy come from Kuomintang and the government comes from Kuomintang,which is so called "one Party autocracy" or "the substitution of the Party for the government".The fourth part concentrates on analysis of the legal system on the relationship between Kuomintang and social organization.In allocution period, there were a large number of legal systems about the connection between Kuomintang and agricalture union,fishing union,industry union,business union and some other social associations,for example,"the scheme of People's Organizations" and "People's Organizations guides way".Fifthly,legal system about connections between Kuomintang and other parties.In allocution period,the connection between Kuomintang and other parties step from nothing to cooperation.In accordance with the theory of allocution,there is no rational legal principle for any repugnant parties. Meanwhile,democratic influence was considered as the main obstacle to the so-called "allocution",so Kuomintang coldly suppressed other parties.However, other parties did exist indeed for the limited power of Kuomintang to command. So later the national congress in government and political affairs and the politics assembly paved the way for other parties to be political.This piece of passage mainly takes juristic method to do the research,at the same time,get reference from principles and measures of history,management theory,political science,statistics and some other relative subjects.Law emphasizes research of system,meanwhile history and management theory highlight research of operation,hence they could have complementary advantages.