资政院第一次常年会研究

发布时间：2019-01-26 19:48

【摘要】：清朝晚期陷入统治危局,希冀通过宪政改革挽救颓势。1906年,清廷宣布预备立宪,宣示从1908年起通过9年努力到1917年召开国会,成为君主立宪制国家。由于中国几千年未曾有过代议政治的传统,只能先从地方成立谘议局开始,再从谘议局中选出代表,成立中央议会。清廷希望通过努力,走上议会政治的道路,作为立宪改革的重要组成部分,资政院1910年9月正式成立。资政院是西方代议制度在中国的最早尝试,“开千年未有之创局”,可谓中国代议机构的源起。资政院第一次常年会1910年10月3日开院,1911年1月11日闭幕,按章会期3个月,后因为议事未竣,又延长10天,前后历时100天。资政院议员分为民选立宪议员与钦选议员,各定额100人。民选立宪议员倾向立宪改革,所谓“凡民选者,以为必当攻击政府;钦选者,以为必当为政府辩护”。清廷建立资政院的目的除了“预立上下议院之基础”外,实则也是是希望通过设立资政院能够解决清廷财政困窘的问题;希望通过资政院可以借舆论之力限制权要,提高皇权;希望设立资政院可以有力的钳制民意,平息革命风潮。此为清廷之意图,但机构建立起来必然有其自身的利益,为了实现其自身的利益,便必然会朝着不同于设立者意图的方向发展。主导资政院利益走向的便是立宪派议员。立宪派议员希望通过议案使得资政院通向国会。资政院立宪派议员通过“速开国会案”尝试确立资政院的代议机关性质,向行政衙门宣示与其对等的地位。通过“弹劾军机和速设责任内阁案”尝试在清廷确立政府对议会负责的体制。通过“试办宣统三年岁入岁出总预算案”尝试确立资政院的财政审核权力,使得资政院拥有财政权。通过“昭雪戊戌党人暨开党禁案”尝试确立结社自由和多党政治。
[Abstract]:In 1906, the Qing government announced that it was ready to establish a constitution, declaring that from 1908 to 1917, the Congress was convened through 9 years, and became a constitutional monarchy. Since China has not had the tradition of representative politics for thousands of years, it can only start with the establishment of local consultative bureaus, and then select representatives from the consultative boards to set up the central parliament. The Qing government hoped to take the path of parliamentary politics through efforts, as an important part of constitutional reform, the Senate was formally established in September 1910. Administrative Yuan is the earliest attempt of the western representative system in China. It can be described as the origin of the representative institution in China. The first annual session of the Senate opened on October 3, 1910, and ended on January 11, 1911. The session was in accordance with the regulations for three months. After that, it was extended for another 10 days and lasted for 100 days. Councillors are divided into elected constitutional members and elected members, each fixed 100. Elected members of the Constitution tend to reform the Constitution, saying that "all elected people attack the Government for what is elected, and those who are elected will defend the Government for the sake of being elected." The purpose of the establishment of the upper and lower houses in the Qing Dynasty is not only to set up the foundation of the upper and lower houses, but also to solve the problem of the financial embarrassment of the Qing government through the establishment of the upper and lower houses, and to use the power of public opinion to restrict the power and to improve the imperial power. I hope that the establishment of the Superior Council will be able to suppress public opinion and quell the revolutionary tide. This is the intention of the Qing court, but the institution must have its own interests, in order to realize its own interests, it will inevitably develop in a direction different from the intention of the founder. It is the constitutionalists who dominate the direction of the interests of the Senate. The constitutionalists want to pass the bill to bring the Senate to Congress. The Constitutional councillors of the Administrative Yuan tried to establish the representative nature of the House through the "Open Congress Bill", and declared the status of equality to the Administrative Yamen. Through the impeachment of military aircraft and the prompt establishment of the Cabinet of Ministers, it tried to establish a system of government accountability to parliament in the Qing Dynasty. This paper attempts to establish the power of financial audit of the Senior Administrative Institute through the trial run of the General Budget of three years of age and out of the year, so that it has the financial power. This paper tries to establish the freedom of association and multi-party politics through the case of Zhaoxue Wuxu Party.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K257

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