法国半总统制问题研究
发布时间：2018-07-28 13:43
【摘要】：法国自1789年以来,经历了五个共和国,两个帝国,两次王朝复辟,共制定过14部宪法,成为名副其实的宪政实验场。直到1958年第五共和国决议实行半总统制,法国政局才稳定下来,民主的政治体制得以最大限度的发挥。法国半总统制的建立不但给法国带来稳定,也给70年代后期新兴民主国家提供了第三种可选择的宪政体制。法国半总统制建立以来一直备受诟病,而且运行过程中许多制度设计漏洞也逐一暴露,加之近年欧债危机的冲击,要求进行政治体制改革的声音此起彼伏,政界和学术界甚至不乏走向“第六共和”的声音。但是就目前法国修宪的程度和改革的力度来看,法国依然会维持半总统制政体,虽然目前出现了总统化倾向,但并没有打破原有宪政框架。法国半总统制经历了半个多世纪的考验,如今仍然正常运转并规范着法国人民的政治生活。虽然这期间也暴露了许多问题,但凭借着自身的灵活性和弹性使法国度过了一次次难关。半总统制之所以能在法国顺利运行到今天,最重要的还是半总统制政体适应了法国社会的需求与法国国情。第三共和国时期法国实行的是议会制,但议会权力过大,政府失去主动性,加之法国是多党制国家,议会内无法形成绝对多数,所以稳定内阁的建立在第三共和时期的法国成为一个奢望。二战后,法国依然采取了传统的议会制,但由于继承了第三共和国的制宪理念,议会凌驾于政府之上,此时的议会甚至比第三共和国时期的议会拥有更大的权限。而且,此时的制度依然无法与法国的政党生态相融合,导致第四共和国政府频繁更迭,甚至数度出现内阁危机。1958年阿尔及利亚危机的爆发更是让第四共和国的制度缺陷暴露无疑,议会混乱,政府无力,整个政治系统中没有可以及时有效应对政治危机的机构与机制。直到第五共和国成立后,半总统制的一系列制度设计不但平衡了法国立法权与行政权的关系,而且使法国总统拥有足够大的权力得以及时应对二战后瞬息万变的国内外形势,并给法国带来了稳定。所以判断一个制度的好坏仅仅评价它的权力配置是否合理是不够的,还应该分析这一制度是否符合本国国情,是否给本国带来政治稳定。本文首先论述半总统制的有关概念,分析了半总统制的内涵、特点与类型,并对有关概念进行辨析。第三章分析法国具备哪些半总统制成立的条件,分别从政治条件、社会经济条件、文化条件三个角度加以论述。第四、五部分则对法国具体的宪政规范和宪政运作进行详细描述,可以看出法国政治制度的多变与灵活性,运作过程中可根据实际的需求有选择性的改变权力中心,而不致出现政治僵局或政治危机。最后评价半总统制对法国政治制度的影响以及面临的困境,并分析法国半总统制的发展趋势。
[Abstract]:Since 1789, France has experienced five republics, two empires and two dynasties, and has made 14 constitutions. It was not until 1958, when the Fifth Republic adopted the semi-presidential system, that the French political situation stabilized and the democratic political system was brought into full play. The establishment of the French semi-presidential system not only brought stability to France, but also provided the third alternative constitutional system for the emerging democracies in the late 1970s. Since the establishment of the semi-presidential system in France, it has been criticized, and many system design loopholes have been exposed one by one in the course of operation. In addition, with the impact of the recent European debt crisis, the voices calling for political system reform have sprung up one after another. Political and academic circles have even moved towards the sixth Republic. However, in terms of the degree of constitutional amendment and the strength of the reform, France will still maintain the semi-presidential system of government. Although there is a tendency to be president at present, it has not broken the original constitutional framework. The French semi-presidential system, which has been tested for more than half a century, is still functioning and regulating the political life of the French people. While many problems were exposed during this period, the flexibility and flexibility of its own allowed France to tide over and over again. The most important thing is that the semi-presidential system adapts to the needs of the French society and the national conditions of France. The parliamentary system was practised in France during the third Republic, but the power of Parliament was too great and the government lost its initiative. In addition, France was a multi-party country, and it was unable to form an absolute majority in Parliament. So the establishment of a stable cabinet in the third Republic of France became a luxury. After World War II, France still adopted the traditional parliamentary system, but because of inheriting the third Republic's constitution-making idea, the parliament was superior to the government, and the parliament at that time had more powers than the parliament of the third Republic. Moreover, the current system is still unable to integrate with the French political party ecology, resulting in frequent changes in the government of the fourth Republic. There were even a few cabinet crises. The Algerian crisis of 1958 exposed the institutional flaws of the fourth Republic. Parliament was chaotic and the government was powerless. There are no institutions and mechanisms in the whole political system that can respond to political crises in a timely and effective manner. Until the establishment of the Fifth Republic, a series of semi-presidential system designs not only balanced the relationship between the French legislative power and the executive power, but also enabled the French President to have sufficient power to deal with the rapidly changing domestic and foreign situation after the second World War. And brought stability to France. Therefore, it is not enough to judge whether a system is good or bad, but also to analyze whether the system conforms to the situation of our country and whether it will bring political stability to our country. This paper first discusses the concept of semi-presidential system, analyzes the connotation, characteristics and types of semi-presidential system, and analyzes the related concepts. The third chapter analyzes the conditions for the establishment of the semi-presidential system in France, respectively from the political conditions, social and economic conditions, cultural conditions. The fourth and fifth parts describe in detail the specific constitutional norms and the operation of the constitutionalism in France. It can be seen that the French political system is changeable and flexible, and the power center can be selectively changed in the course of operation according to the actual needs. Without political gridlock or crisis. Finally, the influence of the semi-presidential system on the French political system and its difficulties are evaluated, and the development trend of the semi-presidential system in France is analyzed.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D756.5
，
本文编号：2150330
[Abstract]:Since 1789, France has experienced five republics, two empires and two dynasties, and has made 14 constitutions. It was not until 1958, when the Fifth Republic adopted the semi-presidential system, that the French political situation stabilized and the democratic political system was brought into full play. The establishment of the French semi-presidential system not only brought stability to France, but also provided the third alternative constitutional system for the emerging democracies in the late 1970s. Since the establishment of the semi-presidential system in France, it has been criticized, and many system design loopholes have been exposed one by one in the course of operation. In addition, with the impact of the recent European debt crisis, the voices calling for political system reform have sprung up one after another. Political and academic circles have even moved towards the sixth Republic. However, in terms of the degree of constitutional amendment and the strength of the reform, France will still maintain the semi-presidential system of government. Although there is a tendency to be president at present, it has not broken the original constitutional framework. The French semi-presidential system, which has been tested for more than half a century, is still functioning and regulating the political life of the French people. While many problems were exposed during this period, the flexibility and flexibility of its own allowed France to tide over and over again. The most important thing is that the semi-presidential system adapts to the needs of the French society and the national conditions of France. The parliamentary system was practised in France during the third Republic, but the power of Parliament was too great and the government lost its initiative. In addition, France was a multi-party country, and it was unable to form an absolute majority in Parliament. So the establishment of a stable cabinet in the third Republic of France became a luxury. After World War II, France still adopted the traditional parliamentary system, but because of inheriting the third Republic's constitution-making idea, the parliament was superior to the government, and the parliament at that time had more powers than the parliament of the third Republic. Moreover, the current system is still unable to integrate with the French political party ecology, resulting in frequent changes in the government of the fourth Republic. There were even a few cabinet crises. The Algerian crisis of 1958 exposed the institutional flaws of the fourth Republic. Parliament was chaotic and the government was powerless. There are no institutions and mechanisms in the whole political system that can respond to political crises in a timely and effective manner. Until the establishment of the Fifth Republic, a series of semi-presidential system designs not only balanced the relationship between the French legislative power and the executive power, but also enabled the French President to have sufficient power to deal with the rapidly changing domestic and foreign situation after the second World War. And brought stability to France. Therefore, it is not enough to judge whether a system is good or bad, but also to analyze whether the system conforms to the situation of our country and whether it will bring political stability to our country. This paper first discusses the concept of semi-presidential system, analyzes the connotation, characteristics and types of semi-presidential system, and analyzes the related concepts. The third chapter analyzes the conditions for the establishment of the semi-presidential system in France, respectively from the political conditions, social and economic conditions, cultural conditions. The fourth and fifth parts describe in detail the specific constitutional norms and the operation of the constitutionalism in France. It can be seen that the French political system is changeable and flexible, and the power center can be selectively changed in the course of operation according to the actual needs. Without political gridlock or crisis. Finally, the influence of the semi-presidential system on the French political system and its difficulties are evaluated, and the development trend of the semi-presidential system in France is analyzed.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D756.5
，
本文编号：2150330
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