民国前期议员选举的法社会学分析

发布时间：2018-07-09 16:52

本文选题：民国前期 + 议员选举　；参考：《中国政法大学》2009年硕士论文

【摘要】： 中国近代意义的选举,肇始于清末西方民主思想在中国的传播与实践。晚清政府为维持摇摇欲坠的统治,宣布“预备立宪”,在中央设立资政院,在地方设立咨议局,首次在中国试行选举制度。民国成立以后,面临宪政体制建设,在议员选举制度方面,自南京临时政府时期至北京政府时期,均颁布了大量国会议员选举、省议会议员选举方面的法律法规,初步确立了从中央到地方的议员选举制度。本文以法社会学的视角,结合社会历史背景,对民国前期的议员选举法的内容及其施行状况进行研究,并给予客观全面的评价。全文写作分为四章,内容摘要如下: 第一章,晚清时期西方选举制度的引入和试行。晚清时期,中国商品经济的继续发展、清政府为挽救岌岌可危的政权而转变统治思路,以及西方选举思想在中国传播途径的日益广泛,为中国引入选举制度准备了经济、政治和文化条件。随着清政府宣布“预备立宪”,先后颁布《咨议局章程》、《咨议局议员选举章程》、《资政院章程》、《资政院议员选举章程》,西方选举制度开始在中国以法律的形式确立,并进行了初步的尝试。第二章,民国前期议员选举法的制定及内容。中华民国成立后,临时参议院着手制定国会组织法及国会议员选举法,具体包括:《国会组织法》、《参议院议员选举法》、《众议院议员选举法》、《众议院议员各省复选区划表》、《众议院议员选举法施行细则》、《参议院议员选举法施行细则》等。第一届国会选举以此为依据进行。段祺瑞上台后,操纵成立临时参议院,对《国会组织法》、《参议院议员选举法》、《众议院议员选举法》进行修改,并组织第二届国会选举。与国会议员选举法的制定同步,《省议会议员选举法》也在较短时间内制定出台,其内容与《咨议局议员选举章程》及《众议院议员选举法》存在较大相似性,但也有独特之处。第三章,民国前期议员选举法的施行。在民国前期两次国会议员选举及各省省议会议员选举活动中,选民资格调查、政党参与竞选、选民投票、选票统计及公布选举结果、选举诉讼体现了实践中选举法的运行状况,是最值得关注的。民国未实现全国范围的人口普查,各省开展了单独的选民资格调查,但存在遗漏和浮报情况;政党参与竞选是该时期议员选举的一道亮色,增加了选举的民主性和活跃性,竞选手段有公开合法的,也有隐蔽非法的;选民投票是选举活动的核心,总体来看,民国前期议员选举在投票日期、投票场所和具体投票活动等方面组织到位、秩序良好,但也存在投票延期、投票率低等问题;选票统计和公布选举结果总体情况较好,但一些地方也存在不合程序之处;选举舞弊违法情况在民国前期议员选举中出现较多,选举诉讼程序对选举活动起到了司法保障作用。第四章,对民国前期议员选举法及其施行的评价。积极意义表现在选举法标榜民权,开创了中国的选举时代;民众的民主参与意识受到启蒙,民主参政能力得到锻炼;对少数民族地区选举给予特殊关照,有利于增强少数民族的政治向心力。存在的问题表现在民众参与率较低,办理选举的技术不完善,选举弊病时有发生。余论部分,对民国前期的议员选举法给予积极评价,认为议员选举法开创了中国的选举时代,选举法的实施在形式上也是比较成功的。但从宪政角度看,议员选举法仅实现了程序意义上的民主,无法在实体上实现法治与人权。还应该看到,民主政治的建设需要经历一个逐渐发展而臻于成熟的过程,民主政治的发展需要在稳定的社会环境下运行,这些都必须具备经济、政治、文化等方面的条件。
[Abstract]:The election in modern China began with the spread and practice of Western democratic thought in China in the late Qing Dynasty. In order to maintain the rickety rule of the late Qing Dynasty, the late Qing government announced "preparation for constitution", set up a Senate in the Central Committee, set up a consultative Bureau in the central Committee, and first tried the electoral system in China. After the establishment of the people's country, the government was faced with the constitutional system construction and elected by the MPs. In terms of system, from the period of the Nanjing interim government to the Beijing government, a large number of parliamentary elections were issued, and the provincial council election laws and regulations were issued. The election system of members from the central to the local was preliminarily established. This paper, with the perspective of Sociology of law, combined with the social and historical background, the content of the electoral law in the early Republic of China. And its implementation status, and give an objective and comprehensive evaluation.
The full text is divided into four chapters, and the contents are as follows:
The first chapter, the introduction and trial of the Western electoral system in the late Qing Dynasty. In the late Qing Dynasty, China's commodity economy continued to develop, the Qing government changed the rule of thought to save the precarious regime, as well as the increasingly widespread way of the Western electoral thought in China, which prepared the economic, political and cultural conditions for the introduction of the election system in China. The Qing government announced "preparation for the constitution", promulgated the articles of association of the Consultative Council, the constitution of the Council of consultative councillors, the statute of the senators, the constitutionality of the senators, the Western electoral system began to be established in the form of law in China and made a preliminary attempt.
The second chapter, the formulation and content of the electoral law in the early Republic of China. After the founding of the Republic of China, the Provisional Senate set out to set up the parliamentary organization law and the parliamentary electoral law, including the Congress organization law, the Senate election law, the house of Representatives electoral law, the house of Representatives and the provincial reelection zoning, the house of Representatives electoral law. The first parliamentary elections are carried out on the basis of the rules for the implementation of the first parliamentary election law. After Duan Qirui came to power, the Provisional Senate was set up, the Congressional organization law, the Senate election law, the house of Representatives electoral law were amended, and the second congress election was organized. Step, the electoral law of the members of the provincial council is also enacted in a relatively short period of time. Its content is very similar to the constitution of the Council on election and the electoral law of the house of Representatives, but it is also unique.
The third chapter, the implementation of the electoral law in the early Republic of China. In the two parliamentary elections in the early Republic of China and the electoral activities of the provincial and provincial councils in the early Republic of China, the electorate survey, the party's participation in the election, the voting of the voters, the statistics of the ballot papers and the publication of the election results, the election litigation embodies the operation of the electoral law in practice, which is the most notable. To realize the national census, the provinces have carried out a separate electorate survey, but there are omissions and reports. The party's participation in the election is a bright color for the election of the members of the period, increasing the democracy and activity of the election, the public and illegal campaign, and the hidden and illegal campaign; the voters vote is the core of the electoral activities. In the early period of the Republic of China, the elections in the early Republic of China were in place in the voting date, the voting places and the specific voting activities, and the order was good, but there was also a delay in voting and low voting rate. The general situation of the ballot statistics and the announcement of the election results was better, but some places also had some disagreement. The illegal situation of electoral fraud was in the early period of the Republic of China. There are more elections in parliamentarians, and election proceedings have played a judicial role in electoral activities.
The fourth chapter, the evaluation of the electoral law and its implementation in the early period of the Republic of China. The positive significance of the election law shows the civil rights in the election law, which opens the era of China's election; the democratic participation consciousness of the people is enlightened, the democratic participation in political participation is exercised; the election of the minority areas is given special attention, which is conducive to strengthening the political centrality of the minority. The problem lies in the low participation rate of the public, the imperfect technology of election, and the occurrence of electoral ills.
In the remaining part, it gives a positive evaluation to the electoral law of the members of the MP in the early period of the Republic of China. It is believed that the electoral law of the MP opened up the era of election in China, and the implementation of the electoral law is more successful in form. But from the constitutional point of view, the electoral law of Parliament only realizes the democracy in the procedural sense and can not realize the rule of law and human rights in the entity. The construction of democratic politics needs to undergo a process of gradual development and mature. The development of democratic politics needs to be operated in a stable social environment. All these must have economic, political, cultural and other conditions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929;K258

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