清末民初江苏地方政制转型研究（1905-1927）
发布时间：2018-08-24 13:41
【摘要】：清末民初,江苏地方政治制度发展延续了晚清宪政改革的趋势,体现出较为明显的转型特点。一方面,成立议会,创设司法体系,革新行政机构,推行地方自治为江苏省地方政制现代化奠定了基础。另一方面,议会精神涣散,司法难以独立,行政机构更迭频繁,地方自治停滞不前,使江苏地方政制发展面临诸多窒碍,呈现出倒退的趋势。而在这种进退之间,近代江苏政治现代化进程显得尤为艰难。清政府谕令各省设立咨议局之后,议会政治开始在江苏省得以初步践行。成立之初,江苏省咨议局便呈现出浓郁的政治民主化气息,监督督抚,表达公意,反映舆情,体现出议会民主精神向好的一面。民初之后,受军阀政治、党派主义的影响,议会民主精神渐归淡薄,议员民主信仰缺失,多将议员视为一种身份与权力的象征,而非民意代表,其“公”的意识逐渐被“私”的观念所排挤。议员转而追求个体与派别利益,忽视民众利益。在这种情况下,清末咨议局所勃发的民主精神不仅未能延续,反而在现实的利益面前悄然隐退。江苏省借助宪政改革的契机,将司法从行政体系中分立出去,并将司法分为司法审判与司法行政,体现出司法独立的趋势。不过,受传统诉讼观念影响,民众对审检厅的设立反应冷淡,仍将县衙视为重要的审判机构,新设审检厅并未起到应有的作用,这在一定程度上影响到司法现代化的发展。民初,江苏省司法体系一度延续清末司法改革态势,并贯穿于具体实践中,突出表现为审检厅的数量增多,管辖区域扩大,司法独立性进一步增强。然而,在当时社会转型剧烈,政治动荡影响下,江苏司法又不可避免地表现出诉讼传统化、法院行政化、法官官僚化等诸多问题,反映出传统司法制度向现代化转型过程中所面临的困境。在中央官制改革后,江苏省从省、县级两个层面对原有的行政机构进行了变革,一方面,在省级层面增设了新的机构和职官。如提学使司、提法使司、巡警道、劝业道、交涉使司等。另一方面,在县级层面也成立了相应机构,如设置巡警、成立劝学所、增设自治机构,这些新的行政机构不仅突破了传统行政制度的限度,而月.推动了行政机构职能的转变。民初,江苏省行政体系延续了清末时期的行政框架,表现为机构细致化,职能专业化的特点,行政体系朝着现代化方向发展。但当时江苏省行政体系发展始终缺乏稳定的社会环境,从省级到县级的行政机构更迭频繁,难以维持稳定的行政体系,这对江苏行政体系的现代化进程形成较大的阻力。清末江苏省地方自治的起步与发展在很大程度是依靠“官督绅办”的手段来推动。因此,地方自治的施行带有浓厚的“官治”色彩。在此过程中,官绅借助“官治”推行“自治”,结果不可避免的同民众产生冲突,结果导致清末江苏省地方自治风潮迭起,阻碍了地方自治的顺利推行。民初之后,江苏省地方自治承接清末地方自治,并向县级层面延展。由于袁世凯废除地方自治,使得地方自治陷于停滞不前的状态。作为推动地方自治主体的官绅希望将主导权掌握于自己手中,同中央展开激烈博弈,彰显出江苏省地方意识和法理观念的增强。
[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.
【学位授予单位】：南京大学
【学位级别】：博士
【学位授予年份】：2012
【分类号】：K25
，
本文编号：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.
【学位授予单位】：南京大学
【学位级别】：博士
【学位授予年份】：2012
【分类号】：K25
，
本文编号：2200988
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