Research On Local Legislative Power In The Late Qing Dynasty And The Early Republic Of China

The local legislative power has been existed and developed in the history of China.After the beginning of the Opium War,the Chinese society has undergone a dramatic change,and the Qing government is facing the situation of internal and external difficulties.After the opening of the Qing Dynasty,ideological and political reform promoted the emergence of new legislature.The local legislative power in modern sense has been developed under the feudal system in China.Since then,the revolution of 1911 broke out for more than two thousand years.The relationship between the central and the local governments is developing with the change of the political situation.The central and local powers are playing games constantly,as well as in terms of legislative power.The power of local legislation survives and develops in the game between central and local governments.This article is devoted to the study of the local legislative power in the special historical period during the late Qing Dynasty and the early Republic of China,and will be divided into the following parts.The first part analyzes the concept of local legislative power from the concept.The legal position of local legislative power is clarified.Before the analysis of the concept of local legislative power,scholars have discussed it.The author puts the local legislative power in the context of the early Qing Dynasty and the beginning of the Republic of the Republic of China,and describes the main body and main contents of the local legislative power.It also combed the concrete practice of local legislative power in late Qing Dynasty and early Republic of China,laying the groundwork for the study of local legislative power later.The second part is the origin of the local legislative power in late Qing Dynasty and early Republic of China.The integration of foreign resources and local sources of local legislative power in the late Qing Dynasty and the early Republic of China was carried out,and the background analysis of the emergence of local legislative power was carried out.Why the local legislative power in modern sense will develop at the end of the Qing Dynasty and the beginning of the Republic of China? Any legal system needs its environment and soil.The Western sense of the local legislative power in the feudal monarchy of Chinese is the product of Western transplantation.A series of reforms in the last years of the Qing Dynasty,as well as the development of political movement in the early period of the Republic of China,the change of local political consciousness and the development of local autonomy movement are closely related to the development of local legislative power.Because self help and self seeking change are the most important driving force for the development of local legislative power.In the third part,The division of the authority of the central land was carried out in the early Qing Dynasty and the beginning of the Republic of China with the debate on the structure of the state,and the division of the legislative powers of the central land was also influenced by the division of the power of the central and local authorities.The author expounds the division of the legislative authority of the central land in the late Qing Dynasty and the early Republic of China,and discusses the influence of the vicissitude of the governor's power on the governor of the Qing Dynasty and thedevelopment of the provincial legislative power in the period of the Republic of China.The fourth part discusses the issue of local legislative power in late Qing Dynasty and early Republic of China.The development of local legislative power in the political environment at the end of the late Qing Dynasty and the early days of the Republic of China has been greatly deficient,focusing on the compromise on the balance of decentralization,the unbalanced development of the region,the false democracy,and the bump of the fate with the change of the times.The fifth part is the last part of this article.After the promulgation of China's legislative law,the research on local legislative power has been developing.But at present,the study of local legislative power mainly focuses on the founding of the PRC.Taking history as a mirror,the study of the history of law should make suggestions on the construction of legal system in the present and contemporary times.The author tries to study the local legislative power at the end of the Qing Dynasty and the beginning of the Republic of China,especially the characteristics of the existence and development of local legislative power in the early Qing Dynasty and the beginning of the Republic of China,and appraise the discussion of the legislative power in the preceding article.Summed up the inspiration for the rule of law in contemporary China.