On the Outline Imperial Constitution of the constitutional significance of17383

1、on the outline imperial constitution of the constitutional significance of paper keywords: constitution of abstract: in a few thousand years of chinese civilization, and nearly a hundred years of constitutional government to explore the history, as the history of chinas first constitutional document

2、 of great significance. outline with the constitutions basic content for china to establish the modern sense of the legal system has laid the foundation for the initial establishment of the decentralized model framework, legislative, executive and judicial powers exercised by different departments,

3、outline the initial construction of a dual system of constitutional monarchy. be limited to the traditional monarchy, the outline establishes the rights and obligations of the initial concept of the initial realization of the western constitutional form docking. chinese history as the first constitu

4、tional document, the qing government to prepare a major outcome of the constitutional, but also all the political forces late struggle. outline from the first day of production, has been subjected to a lot of criticism and accusations. however, as the constitutional practice of the starting point, s

5、everal thousand years of chinese civilization, and nearly a hundred years of constitutional government to explore the history, still occupies an important place. this article from the constitutional point of view history of status. first, lay the modern sense of the basis of the legal system constit

6、ution in the ancient china there, including in the reward good and punish evil, the country of the constitution, saying, a constitutional fabric made in the country so that the public . fat constitutional fabric made in the world of the public, then, but in ancient china, the constitution and involv

7、ing constitutional character of the term refers only to state institutions and the general legal norms. in the modern sense of the constitutional concept and constitution with the western legal culture the spread of legal doctrine and enter china. in the modern sense of the constitution and bourgeoi

8、s democracy are closely linked. the late 19th and early 20th century china, the powers invasion, political instability, the precarious rule of the qing government, internal and external problems under the qing government had announced the implementation of the new deal. on the late qing dynasty, sch

9、olars have described it: refers to the 2o century qing dynasty government in the last decade of his rule the reforms carried out by the general term. this reform can be divided into two phases: the first relates to the political, economic, military, cultural, educational and social changes in the ar

10、eas of life. these changes within the system are basically carried out the second stage of preliminary constitutional, the political system itself changes, it is within the system the previous phase of the development trend of change. is against this background a product. as the constitution is base

11、d, with the constitutions basic content. modern constitution of the basic content of no more than about state power properly exercised and the rights of citizens effective protection. matter of principle provisions of the monarch and subjects on the rights and obligations of power, clear separation

12、of powers and the protection of the rights of subjects, begun to take a constitutional model. cardiff constitution, the state of the fundamental law should also, king and keep out of the total, bai tianzi to as for the common people, are liable when the rate must not be crossed. this shows the power

13、 of the emperor to be recognized by the constitution, their actions must be consistent with the constitution, which established the supremacy of the constitution, the constitution itself the supreme legal status to established absolute monarchy system in china also means losing the legitimacy, the c

14、oncept of constitutional supremacy is also accepted by people, s promulgated, is a milestone in the history of the chinese legal system, but also the constitutional history of the first a chapter. late in the development and closely linked to changes in the legal system. qing dynasty, the qing gover

15、nment carried out a series of amendment of law activities. the first is 1908 s promulgated, opened prelude to the late qing law, the same year, shen petitioned the court, to employ japanese lawyers to criminal law, civil law, procedural law of the compilation, since china started large-scale work of

16、 amendments to the law on .1909 development, 1910 law of criminal procedure draft and completed in 1911 compile complete, the same year, big clean criminal official announced. and other important legal enactment of amendments to be completed in the chinese legal history has an extremely important po

17、sition. outline and form a new code basically, in line with modern legal norms of the constitution as command, including the constitution, civil law, commercial law, criminal law, procedural law, etc., of the six code system. six system formation, is a typical sign of the civil law legal system, fro

18、m the laws of china with a clear division of labor in the modern sense , china has gradually embarked on a process of codification. while these codes and regulations has not been effectively implemented, but they exceeded a certain extent, the original all phenomena fit the situation, had a tremendo

19、us impact on later to become the nanjing provisional government, the northern government, national government to make laws based on the basic and important. these dharmas completely changed the punishment, regardless of the people in ancient china, one of the legal system of all phenomena, marking t

20、he end of the chinese legal system and the formation of modern chinese legal system . especially the promulgation of the outline, and established the status of fundamental law for the establishment of a modern sense of the chinese legal system has laid a foundation. second, a preliminary to the legi

21、slative, executive and judicial powers by constitutional separation of powers is a basic requirement. locke is the pioneer of modern separation of powers doctrine, the theory of separation of powers is to prevent excessive government power against individual rights and services for this purpose. loc

22、ke into the state political power: legislative power, the right of executive power and alliances. legislative power is the right to enjoy the use of force to guide how to use the national defense of the power of the society and its members, while executive power is a kind of ever-present and respons

23、ible for the development and continue to be effective legal authority, the union refers to the right of war and peace, union and league as well as with foreign individuals and society of all the power in all matters, locke believes that legislative and executive power is often discrete , different p

24、erson in charge of different powers, which in the monarch of all moderate and well-organized national government is so. conversely, if the legislative and executive power belongs to an organ or some people, it will have caused to these people facilitate the conditions so that he may cling to power,

25、resulting in developing and enforcing the law, that the laws for their own private interests. separation of powers theory is in fact locke separation of powers, the most prominent feature is the emphasis on legislative and executive the relationship between the right and less emphasis on the impleme

26、ntation of the distinction between right and right alliances. because locke seems that legislative power belongs to parliament, by the bourgeoisie to grasp, while the executive power belongs to aristocracy, from the monarch to master. locke stressed the separation of powers, restraining each other,

27、its main objective is to constitutional monarchy to provide a theoretical basis for the establishment of limited government to provide an institutional guarantee. lockes theory of separation of powers reflected the requirements of the emerging bourgeoisie, the rule of sharing political power to parl

28、iament to limit the monarchy locke against the absolute monarchy which is a powerful theoretical weapon. lockes theory of separation of powers political system of western countries had an important impact, but also for montesquieus separation of powers and checks and balances theory laid the foundat

29、ion. montesquieu theory of separation of powers by the theory of locke, the state power into legislative, executive and judicial powers. which enjoys legislative power to the people, by the council to exercise the executive power by the king master, solved need for rapid processing of the transactio

30、n, will direct the implementation of national, such as the decision to make peace and war, to maintain public safety, defensive aggression, and judicial powers exercised by the courts to punish crimes, and decisions of private disputes. montesquieu during the separation of powers at the same time, m

31、ore emphasis on the power, he said: to prevent abuse of power, the power must be constrained by power. he claims should each contain between different powers, achieve a certain balance. montesquieu did not advocate the republic, in his view, and the republic of not necessarily bring freedom, republi

32、c, the same authority as law enforcement, and enjoy all the powers of legislators. it can use its general will to overrun the whole country, because it also has jurisdiction, it can be used on its individual will to destroy every citizen. where all powers into one, although not an absolute sovereign

33、 look, but people always feel the presence of absolute monarchy. montesquieu, though not optimistic about republic, but his theory of separation of powers, the united states in 1787 was the perfect embodiment of the constitution, the separation of powers theory as intellectual recognized constitutio

34、nal principles. in the history of western constitutionalism, separation of powers reflects a more ideal government structure for the pursuit, and representatives of various strata of society in different government agencies occupy their position reflects a compromise between the interest groups this

35、 reality. as early as the qing government announced the first post-prepared bureaucracy constitutional reform, to develop a plan of separation of powers. essence of constitutional meaning. that the right to rule the state, distribution in the legislative, executive and judicial organs of the three .

36、1908 year clearly states: jun rule the country on power, where the legislative, executive and judicial are owned by assuming, like the association to the house legislation, the government fubi administration, legal compliance with the court of justice . we can see the outline of the standard decentr

37、alized model: first, the exercise of legislative power. according to the provisions of the outline, the house resolved that the law, that law formulated by the house, but the house legislation on the premise that the law must be made by motion reference to the emperor, but the law must be followed i

38、n the development of approved and promulgated by the emperor, otherwise, the law shall not be promulgated. this shows that the legislative power is shared by the emperor and the senate to exercise, play a leading and decisive role of the emperor, while the house is in co-like status. second, with re

39、gard to the exercise of executive power. outline on the exercise of executive power and no clear organization, from the outline of the relevant provisions can be seen that the exercise of executive power mainly by the emperor, the emperor exercised by issuing the command executive power, ranging fro

40、m the set bureaucracy lu and demote and promote hundred secretary and the military, diplomatic, martial law, etc., is very extensive. minister to exercise part of the executive power, this exercise is to implement the will of the emperor, because the minister is only fu bi, the position. but also pr

41、ovides the outline, the emperor can not be changed by order repeal the law. finally, on the exercise of judicial power. outline clear that the emperor assuming judicial power, but the trial yamen, the judge responsible for hearing specific cases, hearing the case must be based on law, the emperor ca

42、n not change the decision in the case dahir. on the surface, this classification is carried out under the division of imperial power, because the legislative, judicial and administrative power over the three imperial power there, but also by the three powers of imperial power, overview and even dire

43、ct control. and of the three powers restrictions between the almost non-existent, from the requirements of the real separation of powers seems to have very far away, but it is in this simple division under the endless number of traditional imperial subject to the constraints and segmentation, such a

44、s the emperor, although the overview of justice right, but the emperor can not change dahir, the emperors executive power ( an order issued orders and the exercise of the right ) does not change the legal abolition. these limitations and split clearly written on the constitutional document, become p

45、art of the constitution basis. this is undoubtedly the establishment of decentralized era of unlimited monarchical absolutism negative, reflecting the thinking of the constitutional separation of powers. reposted elsewhere in the research papers download http:/ third, the initial construction of the

46、 dual system constitutional monarchy constitutional monarchy is the monarch is hereditary capitalist countries heads of state, but the power of the monarch and parliament by the constitution limit different levels of government forms. as the national political and economic situation and the relation

47、ship of class forces, the bourgeoisie and the feudal landlord class, the degree of compromise different monarchs to retain the status and power are also different, so there are dual system of constitutional monarchy and parliamentary constitutional monarchy constitutional monarchy two specific forms

48、. generally speaking, the dual monarchy produced in poor development of capitalism, the feudal landlords class forces in the country has enormous long-term, is the joint dictatorship of the bourgeoisie and the landlord class in the form of a rule, more than a parliamentary monarchy with the color of

49、 the feudal monarchy. if 187l-l918 years of the german empire and the l889-1945 ?japan, is a typical binary system of monarchy countries. in this form of government, the state although the constitution established, the establishment of parliament, but the feudal autocratic monarchy remains the autho

50、rity of the times, set the legislative, executive, judicial and military power in one, is the highest center of power and de facto ruler, is often the imperial constitution, is a reflection of the sovereign will of parliament is the sovereign of the advisory body is the form of legislative power. mo

51、narch not only has the power to veto legislation, but also members appointed or designated by the control board, the cabinet is the sovereign body exercising executive power, the prime minister appointed by the monarch. to implement the dual monarchy of the country, is a parliamentary form of window

52、 dressing, mixed with remnants of feudalism, the bourgeoisie has been affected organized by bureaucracy and the military to the police to defend the despotic system of the country in the general development of capitalism today. this regime has been rare. states: the rule of the qing emperor, a serie

53、s of the qing empire, jesus christ, eternally respect and love , and the sacred dignity of the monarch, inviolable , which is prerequisite for the implementation of constitutional monarchy. where the implementation of the constitutional monarchy in the country all have similar provisions. in this co

54、ntext, the outline also provides three aspects. first, the monarch has strong powers, the right to submit the motion to the house, enactment of the law, the right to convene, open and close, stop exhibition and the dissolution of the house, commander of the military and naval power to fix a military

55、 system and the right to declare war, make peace, make treaties and to send envoys, assuming jurisdiction, etc., involving the power of the sovereign legislative, judicial and administrative departments. second, for the house, the house of monarchical power and the powerful will have much smaller co

56、mpared to some extent limited the powerful house of monarchical power absorbed power, the house has become king of the advisory body, such as the houses legislative power is the formal . motion to have reference to a monarch, and the entry into force of the law is not resolved, ultimately approved f

57、or implementation by the sovereign edict, the house can not interfere in the sovereign power of employment, the house can not interfere in the sovereigns military power, parliament can not interfere in the sovereign matter of cross-country (such as declaration of war, make peace, make treaties, etc.), the house is just relative to the sovereign, co-like. thirdly, the powers o