清末湖南咨议局研究

发布时间：2018-06-22 17:52

本文选题：清末 + 咨议局　；参考：《中国政法大学》2011年博士论文

【摘要】：本文是以湖南咨议局为例,关于清末咨议局的一项实证研究。咨议局的成立是清朝预备立宪的产物。其时的清王朝内忧外患,摇摇欲坠,立宪既是清王朝的救命稻草,也是西学东渐之下民众的诉求,湖南咨议局正是在这样的历史背景下应运而生,其成立和运作既离不开时代的大背景,也极具地方特色。湖南咨议局的成立是官、绅、民共同努力的结果,虽然选民比例占总人口的比例极低,但毕竟是湖南历史上第一次民主选举,因而具有里程碑意义。湖南咨议局是一个独立的官方机构,其议员通过复式选举民选产生,且在形式上地位平等。议员通过参与提案、质问、辩论、表决等方式行使职权。湖南咨议局采用多数决的方式集体决定问题,其议决案对巡抚具有一定的拘束力。从结构上看,湖南咨议局具备现代地方议会的特征。湖南咨议局的职权依《咨议局章程》而定,它为湖南咨议局议员的参政议政提供了一片广阔的天地。湖南咨议局行使职权有很完整的制度保障,其通过制定《议事细则》和《办事细则》,建立起完备的工作程序和会议制度。湖南咨议局主要通过会议的方式行使职权,其会议具有民主、公开的特征。议员们积极履行职责,参与咨议局的参政议政活动,他们和地方官吏之间存在诸多纷争,其实质是权力的再分配问题。在一些细小的问题上两者虽然可以达成某种程度的一致,但关系到重大利益问题的时候斗争就往往比较尖锐、复杂。在实际运作当中,双方往往能通过利益权衡后的审慎选择,达成相互妥协的结果。议员们对可决案的坚持,既体现了他们对官场监督的注重,也表现了他们迫切要求政治权利的欲望。通过对湖南咨议局的议决案和湖南咨议局在湖南保路运动、长沙抢米风潮、国会请愿运动和辛亥革命中的作为和影响来看,其具有有限的代议、政治论坛、控制和监督政府、利益整合和合法化的功能。通过对湖南咨议局结构、功能和运作情况的分析,可得出这样的结论:湖南咨议局是一种兼具有地方议会结构特征和政治协商机构功能特征的政治实体,是代议(选举)政治与协商政治的有机结合,参与此机构活动的主要是绅商阶层。湖南咨议局是湖南第一个官方性的民意机构,在湖南的民主政治史上占有重要地位,从历史的眼光来看,其真正意义在于对民主制度的传播。湖南咨议局的历史是清末宪政改革失败的一个缩影,其对于我们的启示是多方面的。
[Abstract]:This paper is an empirical study on the Bureau of the State of the Union in the late Qing Dynasty. The establishment of the Council of the Union was the product of the preparation of the constitution in the Qing Dynasty. At that time, the Qing Dynasty was faltering with internal and external troubles. Constitutionalism was not only the lifeline of the Qing Dynasty, but also the appeal of the people under the spread of Western learning to the east. It was precisely against such a historical background that the Hunan Provincial Council of the Union came into being. Its establishment and operation can not be separated from the background of the times, but also extremely local characteristics. The establishment of the Hunan Provincial Council is the result of the joint efforts of officials, gentry and people. Although the proportion of voters in the total population is extremely low, it is the first democratic election in the history of Hunan, thus having a milestone significance. Hunan Provincial Council is an independent official body, its members elected through double elections, and in formal equal status. MPs exercise their powers by taking part in bills, interrogations, debates, votes, etc. Hunan Provincial Council adopts the method of majority decision, and its resolution has a certain binding force on the governor. From the structural point of view, Hunan Provincial Council has the characteristics of modern local councils. The functions and powers of the Hunan Provincial Council of the Union are determined by the Constitution of the Bureau of the Union, which provides a wide field for the members of the Council of the Union of Hunan to participate in the administration. The exercise of the functions and powers of the Hunan Provincial Council of the Union is guaranteed by a complete system, which establishes a complete working procedure and a meeting system through the formulation of the rules of procedure and the rules for handling matters. Hunan Provincial Bureau of the State of the Union exercises its functions and powers mainly by means of meetings, and its meetings are characterized by democracy and openness. Members of Parliament actively perform their duties and participate in the political activities of the Council of the Union. There are many disputes between them and local officials, the essence of which is the redistribution of power. Although they can reach a certain degree of agreement on some minor issues, the struggle is often sharp and complicated when it comes to major interests. In practice, both sides can reach the result of compromise through careful choice after weighing their interests. MPs' insistence on the resolution reflects both their emphasis on officialdom and their eagerness for political rights. Through the resolutions of the Hunan Provincial Council of the Union and the actions and influences of the Hunan Provincial Council in the campaign to protect roads in Hunan, the Changsha Rice Rush, the Congressional petition Movement and the Revolution of 1911, it has limited representation, political forums, control and supervision of the government, The function of interest integration and legalization. Based on the analysis of the structure, function and operation of the Bureau of the State of the Union of Hunan, we can draw such a conclusion: the Bureau of the State of the Union of Hunan is a political entity with the characteristics of the structure of the local council and the function of the political consultation organization. It is the organic combination of representative (election) politics and deliberative politics, and it is mainly the gentry and business class who participate in this organization. Hunan State Council is the first official public opinion organization in Hunan, which occupies an important position in Hunan's democratic political history. From the historical point of view, its real significance lies in the spread of democratic system. The history of Hunan State Council is a microcosm of the failure of constitutional reform in the late Qing Dynasty.
【学位授予单位】：中国政法大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：K257

【参考文献】