民国初年总统职权法律规定述评

Review on the Legal Regulations of Presidential Authority in the early Republic of China

民国初年,在短时间内,中国政体先后经历了总统制、内阁负责制、总统制的急剧变化。与此相适应,围绕总统的产生和地位、总统的权力、总统与立法机构和司法机构的关系等方面的法律规定,也先后经历了由《中华民国临时政府组织大纲》到《中华民国临时约法》再到《中华民国约法》的变化。三者之间,既有继承和发展,又有否定和倒退。

In the short period of time of early Republic of China, the political system had experienced a dramatic change from Presidency, Responsibility Cabinet, and Presidency in turn. Accordingly, the presidency had also experienced a series of events from inheritance, development as well as negation and regression in relation to president＇ s emergence, position, power of the president and his relationship with the legislative and judiciary institutions, from which three constitutional laws had passed, the Interim Organizational Law of the Republic of China, the Interim Constitution of the Republic of China and the Constitution of the Republic of China.