清末民初江蘇地方政制轉型研究（1905-1927）
發(fā)布時間：2018-08-24 13:41
【摘要】：清末民初,江蘇地方政治制度發(fā)展延續(xù)了晚清憲政改革的趨勢,體現(xiàn)出較為明顯的轉型特點。一方面,成立議會,創(chuàng)設司法體系,革新行政機構,推行地方自治為江蘇省地方政制現(xiàn)代化奠定了基礎。另一方面,議會精神渙散,司法難以獨立,行政機構更迭頻繁,地方自治停滯不前,使江蘇地方政制發(fā)展面臨諸多窒礙,呈現(xiàn)出倒退的趨勢。而在這種進退之間,近代江蘇政治現(xiàn)代化進程顯得尤為艱難。清政府諭令各省設立咨議局之后,議會政治開始在江蘇省得以初步踐行。成立之初,江蘇省咨議局便呈現(xiàn)出濃郁的政治民主化氣息,監(jiān)督督撫,表達公意,反映輿情,體現(xiàn)出議會民主精神向好的一面。民初之后,受軍閥政治、黨派主義的影響,議會民主精神漸歸淡薄,議員民主信仰缺失,多將議員視為一種身份與權力的象征,而非民意代表,其“公”的意識逐漸被“私”的觀念所排擠。議員轉而追求個體與派別利益,忽視民眾利益。在這種情況下,清末咨議局所勃發(fā)的民主精神不僅未能延續(xù),反而在現(xiàn)實的利益面前悄然隱退。江蘇省借助憲政改革的契機,將司法從行政體系中分立出去,并將司法分為司法審判與司法行政,體現(xiàn)出司法獨立的趨勢。不過,受傳統(tǒng)訴訟觀念影響,民眾對審檢廳的設立反應冷淡,仍將縣衙視為重要的審判機構,新設審檢廳并未起到應有的作用,這在一定程度上影響到司法現(xiàn)代化的發(fā)展。民初,江蘇省司法體系一度延續(xù)清末司法改革態(tài)勢,并貫穿于具體實踐中,突出表現(xiàn)為審檢廳的數(shù)量增多,管轄區(qū)域擴大,司法獨立性進一步增強。然而,在當時社會轉型劇烈,政治動蕩影響下,江蘇司法又不可避免地表現(xiàn)出訴訟傳統(tǒng)化、法院行政化、法官官僚化等諸多問題,反映出傳統(tǒng)司法制度向現(xiàn)代化轉型過程中所面臨的困境。在中央官制改革后,江蘇省從省、縣級兩個層面對原有的行政機構進行了變革,一方面,在省級層面增設了新的機構和職官。如提學使司、提法使司、巡警道、勸業(yè)道、交涉使司等。另一方面,在縣級層面也成立了相應機構,如設置巡警、成立勸學所、增設自治機構,這些新的行政機構不僅突破了傳統(tǒng)行政制度的限度,而月.推動了行政機構職能的轉變。民初,江蘇省行政體系延續(xù)了清末時期的行政框架,表現(xiàn)為機構細致化,職能專業(yè)化的特點,行政體系朝著現(xiàn)代化方向發(fā)展。但當時江蘇省行政體系發(fā)展始終缺乏穩(wěn)定的社會環(huán)境,從省級到縣級的行政機構更迭頻繁,難以維持穩(wěn)定的行政體系,這對江蘇行政體系的現(xiàn)代化進程形成較大的阻力。清末江蘇省地方自治的起步與發(fā)展在很大程度是依靠“官督紳辦”的手段來推動。因此,地方自治的施行帶有濃厚的“官治”色彩。在此過程中,官紳借助“官治”推行“自治”,結果不可避免的同民眾產生沖突,結果導致清末江蘇省地方自治風潮迭起,阻礙了地方自治的順利推行。民初之后,江蘇省地方自治承接清末地方自治,并向縣級層面延展。由于袁世凱廢除地方自治,使得地方自治陷于停滯不前的狀態(tài)。作為推動地方自治主體的官紳希望將主導權掌握于自己手中,同中央展開激烈博弈,彰顯出江蘇省地方意識和法理觀念的增強。
[Abstract]:At the end of the Qing Dynasty and the beginning of the Republic of China, the development of the local political system in Jiangsu Province continued the trend of constitutional reform in the late Qing Dynasty, and embodied more obvious characteristics of transformation. After the Qing government ordered the provinces to set up consultative councils, parliamentary politics began to be practiced in Jiangsu Province. After the early Republic of China, influenced by warlordism and partisanism, the spirit of parliamentary democracy gradually faded away, and the democratic beliefs of parliamentarians were mostly regarded as a symbol of status and power. In this case, the democratic spirit of the Consultative Council in the late Qing Dynasty not only failed to continue, but quietly faded away in front of the real interests. Judiciary is separated from the administrative system and is divided into judicial trial and judicial administration, reflecting the trend of judicial independence. However, influenced by the traditional concept of litigation, the public's response to the establishment of the Trial and Procuratorial Office is cold, still regard the county Ya as an important judicial organ, the new Trial and Procuratorial Office has not played its due role, which to a certain extent affects. In the early years of the Republic of China, the judicial system of Jiangsu Province once continued the trend of judicial reform in the late Qing Dynasty, and ran through the specific practice, highlighting the increase in the number of trial and procuratorial offices, the expansion of jurisdiction, and the further strengthening of judicial independence. After the reform of the central official system, Jiangsu Province has reformed the original administrative institutions at the provincial and county levels. On the one hand, new institutions and officials have been added at the provincial level. On the other hand, corresponding institutions have been set up at the county level, such as setting up patrolmen, setting up persuasion institutes and setting up autonomous institutions. These new administrative institutions not only broke the limits of the traditional administrative system, but also promoted the transformation of the functions of administrative institutions. The administrative system continued the administrative framework of the late Qing Dynasty, which was characterized by meticulous organization and professional function, and the administrative system was developing towards modernization. However, the administrative system of Jiangsu Province at that time lacked a stable social environment, and the administrative institutions from provincial to county level changed frequently, which made it difficult to maintain a stable administrative system. In the late Qing Dynasty, the local autonomy of Jiangsu Province was promoted by the means of "government supervising and gentry managing". Therefore, the implementation of local autonomy was characterized by "government ruling". In this process, the officials and gentry carried out "autonomy" by means of "government ruling", and the result was inevitable. After the beginning of the Republic of China, the local autonomy of Jiangsu Province inherited the local autonomy of the late Qing Dynasty and extended to the county level. The officials and gentry of the autonomous subject hope to hold the dominant power in their own hands and launch a fierce game with the central government, which shows the enhancement of local consciousness and legal concept in Jiangsu Province.
【學位授予單位】：南京大學
【學位級別】：博士
【學位授予年份】：2012
【分類號】：K25
，
本文編號：2200988
[Abstract]:At the end of the Qing Dynasty and the beginning of the Republic of China, the development of the local political system in Jiangsu Province continued the trend of constitutional reform in the late Qing Dynasty, and embodied more obvious characteristics of transformation. After the Qing government ordered the provinces to set up consultative councils, parliamentary politics began to be practiced in Jiangsu Province. After the early Republic of China, influenced by warlordism and partisanism, the spirit of parliamentary democracy gradually faded away, and the democratic beliefs of parliamentarians were mostly regarded as a symbol of status and power. In this case, the democratic spirit of the Consultative Council in the late Qing Dynasty not only failed to continue, but quietly faded away in front of the real interests. Judiciary is separated from the administrative system and is divided into judicial trial and judicial administration, reflecting the trend of judicial independence. However, influenced by the traditional concept of litigation, the public's response to the establishment of the Trial and Procuratorial Office is cold, still regard the county Ya as an important judicial organ, the new Trial and Procuratorial Office has not played its due role, which to a certain extent affects. In the early years of the Republic of China, the judicial system of Jiangsu Province once continued the trend of judicial reform in the late Qing Dynasty, and ran through the specific practice, highlighting the increase in the number of trial and procuratorial offices, the expansion of jurisdiction, and the further strengthening of judicial independence. After the reform of the central official system, Jiangsu Province has reformed the original administrative institutions at the provincial and county levels. On the one hand, new institutions and officials have been added at the provincial level. On the other hand, corresponding institutions have been set up at the county level, such as setting up patrolmen, setting up persuasion institutes and setting up autonomous institutions. These new administrative institutions not only broke the limits of the traditional administrative system, but also promoted the transformation of the functions of administrative institutions. The administrative system continued the administrative framework of the late Qing Dynasty, which was characterized by meticulous organization and professional function, and the administrative system was developing towards modernization. However, the administrative system of Jiangsu Province at that time lacked a stable social environment, and the administrative institutions from provincial to county level changed frequently, which made it difficult to maintain a stable administrative system. In the late Qing Dynasty, the local autonomy of Jiangsu Province was promoted by the means of "government supervising and gentry managing". Therefore, the implementation of local autonomy was characterized by "government ruling". In this process, the officials and gentry carried out "autonomy" by means of "government ruling", and the result was inevitable. After the beginning of the Republic of China, the local autonomy of Jiangsu Province inherited the local autonomy of the late Qing Dynasty and extended to the county level. The officials and gentry of the autonomous subject hope to hold the dominant power in their own hands and launch a fierce game with the central government, which shows the enhancement of local consciousness and legal concept in Jiangsu Province.
【學位授予單位】：南京大學
【學位級別】：博士
【學位授予年份】：2012
【分類號】：K25
，
本文編號：2200988
本文鏈接：http://sikaile.net/shekelunwen/zgjxds/2200988.html
