民初国会建置中的“型制”设计

The Form Design in the National Congress in the Early Republic of China Period

以往研究民初国会史多偏重国会的建置与运作,着眼点局限在国体及政治斗争等相对宏观的层面。但改换视角,从"型制"设计这一偏重政体的角度,对民初国会政制史研究中被忽略的诸如国会"院制"与立法机关的内部制衡、立法与行政机构协调机制的建立、法定开会人数与非常国会的"合法性"判断、选举人资格限制与议员素质等技术性问题展开分析,得出的结论与既有认知相去甚远。

Previous studies on the national congress in the early Republic of China（ RC） period have focused on the establishment and function of the Congress, dealing with it as part of state system and its role in political struggle from macro-perspectives. Looked from a new angle that emphasizes its structure as part of the government system, this paper explores various aspects of the national congress in the early RC period neglected by previous studies, including the internal check and balance system, the coordination between legislation and the executive organization, the minimum number of members for opening sessions, the judgment of a legitimate unusual congress, the qualifications of voters, and the qualities of congress members.Base on the study, this paper has reached an entire different conclusion.