湖北咨议局的地方事务权

The Approval Power of Hubei Consultative Council on Local Affairs

湖北咨议局是清末预备立宪过程中的产物,作为省级议会的雏形,湖北咨议局的议决地方事务权根据《著各省速设咨议局谕》《宪政编查馆等奏拟订各省咨议局并议员选举章程》、资政院核议权的虚置以及局章的实际运行,表明其权力属性极其弱化,具有较强的权利色彩。在"官绅合治"中,湖北咨议局议决地方事务权的议案涉及学务、农政、工业等领域,取得了一定的积极意义与现实效果,但存在固有的局限。具体体现为:其议决地方事务权涉及的27项议案中33%的议案被湖广总督完全否决;与不少省份咨议局一样工业议案基本由地方督抚掌控;议决地方事务权对于收受人民陈请之议案存在程序失范的现象,导致其法治功能的削弱;协商民主在湖北咨议局议决地方事务权中的缺失。

Hubei Consultative Council is a product of the preparatory constitutional process at the end of the Qing Dynasty.As the prototype of the provincial council,the approval power of the Hubei Consultative Council on local affairs was actually operating according to the Order of the Settings of Provincial Consultative Councils,Protocols on Provincial Consultative Councils and the Election of its Members by the Committee for Drawing up Regulations for Constitutional Government,the Advisory Council’s power void of deliberation,which showed that its power attribute was extremely weak and had a strong color of right.In the joint governance of officials and squires,Hubei Consultative Council’s power to approve the bills of local affairs involved academic affairs,agricultural administration,industry and other fields,which had achieved some positive significance and realistic effect,but there were inherent limitations.Of the 27 bills in which the power to approve local affairs,33 percent of them was completely rejected by the Governor-general of Hu-Guang;like many other provincial consultative councils,industrial proposals were basically controlled by the local governors;there was a procedural irregularity in the power to approve local affairs for accepting the bills submitted by the people,which led to the weakening of its rule of law;The lack of consultative democracy in the power to approve local affairs at the Hubei Consultative Councils.