南京国民政府时期监察法制及其史鉴价值

The Legal System of Supervision in the Period of Nanjing National Government and It's Historical Reference Value

南京国民政府时期的监察法制,立足中国国情,继承了中国古代监察制度的有益经验,借鉴了欧美议会监察权制衡思想,践行了孙中山先生的监察思想,在中国监察法制史中具有里程碑式的意义。然而,该时期的监察法制也存在一些制度性缺陷和不足。研究该时期的监察法制,可为我们当下正在进行的监察体制改革提供可资借鉴的历史经验。

Nanjing National Government inherited the useful experience of Chinese ancient supervisory system,drew lessons from the European parliament supervision power balance thought,and practicd Sun Yat-sen's supervisory thought. Supervision legal system has the sense of milepost type in China supervision legal history. During this period,the supervisory legal system established complete supervisory law system,improved the pertinence and effectiveness of su-pervision activities,prevented the abuse of power supervision personnel,promoted the supervision work carried out in an orderly manner,and achieved tangible results in the performance. However,the period of the supervision legal system also has some defects and shortcomings. The specific performance of the lack of effective supervision of the supreme ruler of the supervisory Institute; impeachment without punishment,and lead to the impeachment effect greatly reduced;the supervisory legal system of democratic politics was highly dependent on the implementation of the supervision power. It is difficult to play function in supervision practice. Studying of the legal system of supervision in the period,we can not only speed up the construction of the rule of law with Chinese characteristics,but also provide us with some historical experiences in the ongoing supervision system reform.